[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29735-29736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13559]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0169]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will 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.

DATES: This rule is effective July 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0169 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 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

    On March 30, 2017 the Coast Guard published an NPRM in the Federal 
Register (82 FR 15660) entitled ``Special Local Regulation; Washburn 
Board Across the Bay, Lake Superior; Chequamegon Bay, WI.'' The NPRM 
proposed to establish a no-wake zone within Chequamegon Bay on an 
annual basis during the Washburn Board Across the Bay paddle craft 
event, and invited comments on our proposed regulatory action related 
to this paddle craft event. 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 
March 30, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM. This rule will 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 will 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 will 
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 COTP, Duluth, 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 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

[[Page 29736]]

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 will 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 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 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 Record of Environmental 
Consideration 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. 169 to read as follows:


Sec.  100. 169  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 COTP, Duluth, will announce 
enforcement dates via 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 COTP, 
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.

    Dated: May 26, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-13559 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P