[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27110-27112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12284]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 
will functionally restrict all vessel speeds while within a designated 
no-wake zone, unless otherwise specifically authorized by the Captain 
of the Port Duluth (COTP) or a designated representative. The area 
forming the subject of this permanent special local regulation is 
described below.

DATES: This rule is effective July 14, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0170 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant 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

    On March 30, 2017 the Coast Guard published an NPRM in the Federal 
Register (82 FR 15662) entitled ``Special Local Regulation; Breakers to 
Bridge Paddle Festival, Lake Superior, Keweenaw Waterway, MI.'' The 
NPRM proposed to establish a no-wake zone within the Keweenaw Waterway 
on an annual basis during the Breakers to Bridge Paddle Festival, and 
invited comments on our proposed regulatory action related to this 
fireworks display. The aforementioned NPRM was open for comment for 30 
days, in which no comments were received.

III. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on

[[Page 27111]]

March 30, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule creates 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 will 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 will be required to 
travel at an appropriate rate of speed that does not create a wake 
except as may be permitted by the Captain of the Port Duluth (COTP) or 
a designated representative. The precise times and date of enforcement 
for this special local regulation will be determined annually.
    The COTP will use all appropriate means to notify the public when 
the special local regulation in this 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 regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this 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 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 rule 
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 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 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 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. 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.

C. 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).

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 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 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 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 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 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

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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 
rule involves a no-wake zone being enforced for no more than 6 hours 
along a prescribed route between the North Entry & Portage Lake Lift 
Bridge within the Keweenaw Waterway in Michigan. 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.

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.

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.  100.170 to read as follows:


Sec.  100.170  Special Local Regulation; Breakers to Bridge Paddle 
Festival, Lake Superior, Keweenaw Waterway, MI.

    (a) Location. All navigable 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 
(COTP) will announce enforcement dates via 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 COTP 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.

    Dated: June 8, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-12284 Filed 6-13-17; 8:45 am]
 BILLING CODE 9110-04-P