[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15662-15664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0170]
RIN 1625-AA08


Special Local Regulation; Breakers to Bridge Paddle Festival, 
Lake Superior; Keweenaw Waterway, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation on Lake Superior within the Keweenaw Waterway for the 
annual Breakers to Bridge Paddle Festival. This annual event 
historically occurs within the first 2 weeks of September and lasts for 
1 day. This action is necessary to safeguard the participants and 
spectators on the water in a portion of the Keweenaw Waterway between 
the North Entry and the Portage Lake Lift Bridge located in Houghton, 
MI. This regulation would functionally restrict all vessel speeds while 
within a designated no-wake zone, unless otherwise specifically 
authorized by the Captain of the Port (COTP) Duluth or a designated 
representative. The area forming the subject of this permanent special 
local regulation is described below. We invite your comments on this 
notice of proposed rulemaking (NPRM).

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0170 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Junior Grade John Mack, 
Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port, Duluth
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This annual event will consist of a series of races and non-
competitive events of varying lengths that utilize stand up 
paddleboards, kayaks, and canoes that take place entirely within the 
Keweenaw Waterway between the North Entry and the Portage Lake Lift 
Bridge located in Houghton, MI. Due to the race course spanning a 
significant portion of the Keweenaw Waterway it is anticipated that a 
significant number of recreational and commercial vessels attempting to 
transit near the paddle craft would pose a significant safety hazard to 
event participants and safety observers.
    The Captain of the Port, Duluth, believes a special local 
regulation for

[[Page 15663]]

the Keweenaw Waterway restricting the speed of vessels through the use 
of a no-wake zone before, during, and after the scheduled event is 
needed to safeguard persons and vessels during the races. The statutory 
basis for this rulemaking is 33 U.S.C. 1233, which give the Coast 
Guard, under a delegation from the Department of Homeland Security, 
regulatory authority to enforce the Ports and Waterways Safety Act.

III. Discussion of Proposed Rule

    This proposed rule would create a permanent special local 
regulation in the Keweenaw Waterway for the annual Breakers to Bridge 
Paddle Festival that historically takes place in the within the first 
two weeks of September. The no-wake zone would be enforced on all 
vessels entering a portion of the Keweenaw Waterway beginning at the 
North Entry at position 47[deg]14'03'' N., 088[deg]37'53'' W.; and 
ending at the Portage Lake Lift Bridge at position 47[deg]07'25'' N., 
088[deg]34'26'' W. All vessels transiting through the no-wake zone 
would be required to travel at an appropriate rate of speed that does 
not create a wake except as may be permitted by the COTP or a 
designated representative. The precise times and date of enforcement 
for this special local regulation would be determined annually.
    The Captain of the Port, Duluth, will use all appropriate means to 
notify the public when the special local regulation in this proposed 
rule will be enforced. Such means may include publication in the 
Federal Register a Notice of Enforcement, Broadcast Notice to Mariners, 
and Local Notice to Mariners. The proposed regulatory text appears at 
the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') direct agencies to 
assess the costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this proposed rule is not a significant regulatory action, this 
rulemaking is exempt from the requirements of Executive Order 13771. 
See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 
of the Executive Order of January 30, 2017 titled `Reducing Regulation 
and Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the Special Local Regulation. 
Vessel traffic will be able to safely transit through the no-wake zone 
which will impact only a portion of the Keweenaw Waterway between the 
North Entry and the Portage Lake Lift Bridge located in Houghton, MI 
during a time of year when commercial vessel traffic is normally low. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
rulemaking will not have a significant economic impact on a substantial 
number of small entities.
    While some owners or operators of vessels intending to transit 
through the no-wake zone may be small entities, for the reasons stated 
in section V.A above, this proposed rule will not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rulemaking would economically affect it.
    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 proposed rule. If the rulemaking 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. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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

[[Page 15664]]

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 proposed 
rule will not result in such an expenditure, we do discuss the effects 
of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a no-wake 
zone being enforced for no more than 5 hours along a prescribed route 
between Washburn & Ashland, Wisconsin. Normally such actions are 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.  100.0170 to read as follows:


Sec.  100.0170  Special Local Regulation; Breakers to Bridge Paddle 
Festival, Lake Superior; Keweenaw Waterway, MI.

    (a) Location. All waters of the Keweenaw Waterway beginning at the 
North Entry at position 47[deg]14'03'' N., 088[deg]37'53'' W.; and 
ending at the Portage Lake Lift Bridge at position 47[deg]07'25'' N., 
088[deg]34'26'' W.
    (b) Effective period. This annual event historically occurs within 
the first or second week of September. The Captain of the Port Duluth, 
will establish enforcement dates that will be announced by Notice of 
Enforcement, Local Notice to Mariners, Broadcast Notice to Mariners, 
on-scene designated representatives, or other means of outreach.
    (c) Regulations. Vessels transiting within the regulated area shall 
travel at a no-wake speed except as may be permitted by the Captain of 
the Port Duluth or a designated on-scene representative. Additionally, 
vessels shall yield right-of-way for event participants and event 
safety craft and shall follow directions given by event representatives 
during the event.
    (d) Penalties. Vessels or persons violating this rule may be 
subject to the penalties set forth in 33 U.S.C. 1233.

     Dated: March 23, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-06233 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P