[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15660-15662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0169]
RIN 1625-AA08


Special Local Regulation; Washburn Board Across the Bay, Lake 
Superior; Chequamegon Bay, WI

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 Chequamegon Bay for the annual 
Washburn Board Across the Bay racing event. This annual event 
historically occurs within the last 2 weeks of July and lasts for 1 
day. This action is necessary to safeguard the participants and 
spectators on the water in a portion of Chequamegon Bay between 
Washburn, WI and Ashland, WI. 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-
USCG-2017-0169 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 of varying 
lengths that utilize stand up paddleboards, sea kayaks, and canoes and 
will take place in Lake Superior within Chequamegon Bay between 
Washburn, WI and Ashland, WI. Due to the race course spanning across 
the entire bay it is anticipated that a significant number of 
recreational and commercial vessels attempting to transit across the 
course would pose a significant safety hazard to race participants and 
safety observers.
    The Captain of the Port, Duluth, believes a permanent special local 
regulation for Chequamegon Bay is needed to restrict the speed of 
vessels through the use of a no-wake zone within Chequamegon Bay 
before, during, and after the scheduled event 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 Chequamegon Bay for the annual Washburn Board Across the 
Bay racing event that historically takes place in the third or fourth 
week of July. The no-wake zone would be enforced on all vessels 
entering into 100 yards of either side of an imaginary line beginning 
in Washburn, WI at position 46[deg]36'52'' N., 090[deg]54'24'' W.; 
thence southwest to position 46[deg]38'44'' N., 090[deg]54'50'' W.; 
thence southeast to position 46[deg]37'02'' N., 090[deg]50'20'' W.; and 
ending southwest at position 46[deg]36'12'' N., 090[deg]51'51'' 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 
will be determined annually.
    The Captain of the Port, Duluth, would use all appropriate means to 
notify the public when the special local

[[Page 15661]]

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 rule is not a significant regulatory action, this rule 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 be 200 yards wide and will impact only a small designated 
area of Lake Superior in Chequamegon Bay between Washburn, WI and 
Ashland, WI 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 
proposed rule would 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 would 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 proposed 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 rule 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 proposed 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. 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 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 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.

[[Page 15662]]

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 proposed 
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.  100.0169 to read as follows:


Sec.  100.0169  Special Local Regulation; Washburn Board Across the 
Bay, Lake Superior; Chequamegon Bay, WI.

    (a) Location. All waters of Chequamegon Bay within 100 yards of 
either side of an imaginary line beginning in Washburn, WI at position 
46[deg]36'52'' N., 090[deg]54'24'' W.; thence southwest to position 
46[deg]38'44'' N., 090[deg]54'50'' W.; thence southeast to position 
46[deg]37'02'' N., 090[deg]50'20'' W.; and ending southwest at position 
46[deg]36'12'' N., 090[deg]51'51'' W.
    (b) Effective period. This annual event historically occurs within 
the third or fourth week of July. 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 forms 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. 2017-06262 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P