[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51407-51409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20727]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0757]
RIN 1625-AA00


Safety Zone; Leif Erickson Day Row and Run, Charlevoix, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Lake Charlevoix, Charlevoix, MI. This temporary safety zone is needed 
to protect 40 participating paddlers in the Leif Erickson Day Row and 
Run. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Sault Sainte 
Marie or a designated representative.

DATES: This rule is effective from 9:00 a.m. to 12:00 p.m., October 5, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0757 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 Onnalee A. 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 Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of the requested safety 
zone with sufficient time for a comment period to run before the start 
of the event. Thus, delaying this rule to wait for a notice and comment 
period to run would be impracticable because it would inhibit the Coast 
Guard's ability to protect the 40 participants from the boating public.
    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. For the same reasons discussed in 
the preceding paragraph, a 30-day notice period would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Sault Sainte 
Marie (COTP) has determined that potential hazards exist while 40 
participants associated with the Leif Erickson Day Row and Run paddle 
in a highly congested area of boating traffic between 9:00 a.m. through 
12:00 p.m. on October 5, 2019. This rule is needed to protect the 40 
participants of the Leif Erickson Day Row and Run event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:00 a.m. 
through 12:00 p.m. on October 5, 2019. The course will be in 
Charlevoix, MI on Lake Charlevoix beginning at Depot Beach and 
finishing at Ferry Beach.
    The Captain of the Port Sault Sainte Marie has determined that 
there are potential hazards associated with this marine event and the 
following temporary safety zone is needed: beginning at the paddle 
coral located at Depot Beach Park and finishing at Ferry Beach Park, 
all navigable waters within 200 yards of a line drawn between beginning 
point of 045[deg]19'08.9'' N 085[deg]14'28.4'' W, to the finishing 
point of 045[deg]18'10.4'' N 085[deg]14'50.4'' W. This rule establishes 
a temporary safety zone from 9 a.m. until 12 p.m. on October 5, 2019. 
The duration of the zone is intended to protect the 40 participants in 
the navigable waters in the area of the paddle course of the Leif 
Erickson Day Row and Run event. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

[[Page 51408]]

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 this temporary safety zone. 
Vessel traffic will be able to safely transit around this safety zone 
which will impact a small-designated area of Lake Charlevoix near Depot 
and Ferry beach, Charlevoix, MI. Moreover, the Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows vessels to seek permission to enter 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 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 
safety 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.
    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 above.

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 involves a temporary safety zone lasting 3 hours 
that will prohibit entry into a designated area. Normally such actions 
are categorically excluded from further review under paragraph L [60] a 
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 165

    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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0757 to read as follows:

[[Page 51409]]

Sec.  165.T09-0757   Safety Zone; Leif Erickson Day Row and Run, 
Charlevoix, MI.

    (a) Location. The following area is a temporary safety zone: 
beginning at the paddle coral located at Depot Beach Park and finishing 
at Ferry Beach Park, all navigable waters within 200 yards of a line 
drawn between beginning point of 045[deg]19'08.9'' N 085[deg]14'28.4'' 
W, to the finishing point of 045[deg]18'10.4'' N 085[deg]14'50.4'' W
    (b) Effective and enforcement period. This section is effective and 
will be enforced on October 5, 2019 from 9:00 a.m. through 12:00 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this 
temporary safety zone is prohibited unless authorized by the Captain of 
the Port, Sault Sainte Marie or his or her on-scene representative.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port, Sault Sainte 
Marie or his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port Sault Sainte 
Marie to act on his or her behalf. The on-scene representative of the 
Captain of the Port Sault Sainte Marie will be aboard a Coast Guard 
vessel.
    (4) Vessel Operators desiring to enter or operate within the 
temporary safety zone shall contact the Captain of the Port Sault 
Sainte Marie, or his on-scene representative to obtain permission to do 
so. The Captain of the Port Sault Sainte Marie or his or her on-scene 
representative may be contacted via VHF Channel 16 or at (906) 635-
3319. Vessel operators given permission to enter or operate in the 
temporary safety zone must comply with all directions given to them by 
the Captain of the Port Sault Sainte Marie or his or her on-scene 
representative.

    Dated: September 17, 2019.
P.S. Nelson,
Captain, U. S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-20727 Filed 9-27-19; 8:45 am]
 BILLING CODE 9110-04-P