[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Rules and Regulations]
[Pages 25680-25682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11527]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1098]
RIN 100-AA08


Special Local Regulations; Annual Boyne Thunder Poker Run; 
Charlevoix, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adding a special local regulation to 
increase

[[Page 25681]]

safety in the navigable waters of Round Lake and Pine River Channel, 
Charlevoix, MI, during the annual Boyne Thunder Poker Run. The 
regulation will allow the Coast Guard Patrol Commander to control 
vessel traffic during the event in this small and restricted waterway. 
The regulation will be enforced during the day of the event. The date 
and time will be announced via a Notice of Enforcement.

DATES: This regulation is effective July 13, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket go to http://www.regulations.gov. Type the 
docket number (USCG-2018-1098) 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 on this rule, 
call or email MST2 Blackledge, Waterways Management, Coast Guard Sector 
Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-2443, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    The Annual Boyne Thunder Poker Run is a charity marine event 
occurring in the month of July with a route that runs from Boyne City 
out to Lake Michigan and back to Boyne City. This event, occurring 
annually for the past 15 years, includes approximately 100 participants 
in offshore type power vessels. Round Lake and Pine River Channel are 
small restricted waterways that normally have a variety of recreational 
users and a commercial ferry that provides service to Beaver Island. 
This mix of vessels in close proximity to the event warrants additional 
safety measures. In response, the Coast Guard published a notice of 
proposed rulemaking (NPRM) on March 11, 2019 (84 FR 8641). There, we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this Special Local Regulation. During the 
comment period that ended May 10th 2019, we received no comments.
    The regulation will be enforced during the day of the event. The 
date and time will be announced via a Notice of Enforcement published 
in the Federal Register.
    The legal basis for this final rulemaking is found at 46 U.S.C. 
70041; 33 CFR 1.05-1.

III. Discussion of Proposed Rule

    We received no comments from the NPRM published March 11, 2019. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM. The Captain of the Port Sault Sainte Marie 
(COTP) has determined that adding the Annual Boyne City Poker Run to 
the list of Special Local Regulations in the navigable waters of Round 
Lake and Pine River Channel in Charlevoix, MI is the most practical way 
to ensure the safety of the boating public.

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

    Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day for the Special Local Regulation. 
Vessel traffic will be able to safely transit through the regulated 
area, with the permission of the Patrol Commander, which will impact a 
small designated area within the COTP zone for a short duration of 
time. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the special local area.

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 the 
regulated area may be small entities, for the reasons stated in section 
IV.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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.
    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.

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

[[Page 25682]]

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 Environmental Planning COMDTINST 5090.1 
(series), 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 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 prohibits vessels from entering, 
transiting through, or anchoring within the regulated area without the 
permission of the Coast Guard Patrol Commander. Normally such actions 
are categorically excluded from further review under paragraph L61 in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. A Record of Environmental Consideration supporting 
this determination is 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

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.929 to read as follows:


Sec.  100.929  Special Local Regulations; Annual Boyne Thunder Poker 
Run; Charlevoix, MI.

    (a) Regulated area. The special local regulations in this section 
apply to all U.S. navigable waters of Round Lake and Pine River 
Channel, Charlevoix, MI, within an area bordered by a line at the 
entrance of the Pine River Channel charted in position 45[deg]19'15'' 
N, 085[deg]15'55'' W to 45[deg]19'13'' N, 085[deg]15'55'' W to the 
southeast end of Round Lake charted in position 45[deg]18'57'' N, 
085[deg]14'49'' W to 45[deg]18'56'' N, 085[deg]14'50'' W.
    (b) Special local regulation. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area in this section without the permission of the Coast 
Guard Patrol Commander.
    (c) Enforcement period. The Coast Guard will issue a Notice of 
Enforcement with the exact time and date in July that the regulated 
area in this section will be enforced.

    Dated: May 24, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-11527 Filed 6-3-19; 8:45 am]
BILLING CODE 9110-04-P