[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Rules and Regulations]
[Pages 35035-35036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15538]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1096]
RIN 1625-AA08


Special Local Regulations; Charlevoix Venetian Night Boat Parade

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the special local regulation for 
the Charlevoix Venetian Night Boat Parade to increase the length of 
effective period of the existing special local regulation to allow the 
Patrol Commander additional time to clear vessels from transiting or 
anchoring in the regulated area. In order for the Coast Guard to clear 
vessel traffic to ensure safety in sufficient time in advance of the 
event, the Coast Guard changes the effective period broadly to ``a date 
in late July.''

DATES: This rule is effective July 22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1096 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Charlevoix Venetian Night Boat Parade Charlevoix, MI event 
features a parade on the perimeter of Round Lake with a low fireworks 
show in the middle of the lake. In order to ensure safety in sufficient 
time of the event the Coast Guard Patrol Commander clears any vessel 
traffic and any vessels anchored in Round Lake from the fireworks 
fallout zone and the parade route. Prior to this regulation change, the 
effective time and date did not allow adequate time for the Patrol 
Commander to ensure the safety of any anchored vessels in the regulated 
area. The Coast Guard Patrol Commander needed additional time to 
contact vessel owners to relocate their vessels out of the affected 
area.
    In response, on April 1, 2019, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Special Local Regulations; 
Charlevoix Venetian Night Boat Parade (84 FR 12178). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to this marine event. During the comment period that 
ended July 1, 2019, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to public interest 
because timely action is needed to ensure the safety of vessels 
transiting and anchoring inside the regulated area from the fireworks 
fallout zone and parade route.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041; 33 CFR 1.05-1. The Captain of the Sault Sainte Marie (COTP) has 
determined that potential hazards associated with the fireworks and the 
congestion caused by the parade route in the late July Charlevoix 
Venetian Night Boat Parade will be a safety concern for event 
participants and spectators. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the regulated area 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM April 1, 2019. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule change provides additional time for the Patrol Commander 
to clear vessels from transiting or anchoring within the regulated area 
for the Charlevoix Venetian Night Boat Parade. The duration of the 
special local regulation is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the late July 
Charlevoix Venetian Night Boat Parade.

V. 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, this 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 regulated area. Vessel 
traffic will be able to safely transit through the regulated area, 
which will impact a small designated area within the COTP zone for a 
short duration of time, with permission from the Patrol Commander. 
Moreover, the Coast Guard will issue Broadcast Notice

[[Page 35036]]

to Mariners via VHF-FM marine channel 16 about the zone.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
established area of the special local regulation 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.
    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 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 
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 
determined 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 involved creating a regulated area for several 
days each year in a small area. It is categorically excluded from 
further review under paragraph L61 in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A Memorandum for 
the Record 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, 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. In Sec.  100.908, revise paragraph (c) to read as follows:


Sec.  100.908  Charlevoix Venetian Night Boat Parade; Charlevoix, MI.

* * * * *
    (c) Effective date. These regulations are effective annually on a 
date in late July. The Coast Guard will publish a document in the 
Federal Register announcing the date.

    Dated: July 17, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-15538 Filed 7-19-19; 8:45 am]
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