[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33547-33550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09878]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0124]
RIN 1625-AA08


Special Local Regulations; Recurring Marine Events in the Lake 
Michigan Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is updating its recurring special local 
regulations for marine events located within the Captain of the Port 
Lake Michigan zone. This rule reorganizes five separate regulations of 
a similar nature currently listed in the Code of Federal Regulations 
into a single regulation, makes minor formatting changes for 
consistency, moves six existing events into this regulation, updates 
the dates listed for events, and lists these regulations in table form.

DATES: This rule is effective July 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0124 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 Chief Petty Officer Kyle Weitzell, Waterways Management 
Division, Sector Lake Michigan, U.S. Coast Guard; telephone 414-747-
7148, 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

    On March 19, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Special Local Regulations; Recurring Marine 
Events in the Lake Michigan Captain of the Port Zone'' (85 FR 15745). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action to revise special local regulations 
regarding recurring marine events within the Captain of the Port Lake 
Michigan (COTP) zone. During the comment period that ended April 20, 
2020, we received no comments.

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 COTP has determined that the 
likely combination of recreactional vessels, commercial vessels, and an 
unknown number of spectators in close proximity to these various 
recurring marine events in and on the navigable waters of the United 
States pose a extra or unusual hazards to the safety of life on those 
waters. Therefore, the COTP has established special local regulations 
around the event locations listed in this rule to help miniminze risks 
to safety of life during these events. This rule consolidates and makes 
minor formatting updates to existing regulations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
19, 2020. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule reorganizes five separate regulations of a similar nature 
currently listed in the Code of Federal Regulations (CFR) into a single 
regulation, makes minor formatting changes for consistency, moves six 
existing events into this regulation, updates the dates listed for 
events, and lists these regulations in table form.

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, and duration of these special local regulations. These 
regulations will be in effect only during the recurring marine events 
listed in this regulations for which the COTP has determined pose risks 
to the safety of life on waters of the United States. The size, 
location, and duration of these regulations will be limited to the 
extent necessary to minimize these risks. Moreover, the COTP will make 
advance notice of the enforcement of these regulations through the 
Local Notice to Mariners and/or Broacast Notice to Mariners. This 
regulation also provides a means for

[[Page 33548]]

anyone needing to transit through or within a regulated area to seek 
permission from the COTP.

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 
regulated areas listed in this 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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 
involves the consolidation of and minor formatting changes for five 
existing special local regulations. It is categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for Record for 
Categorically Excluded Actions supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Revise Sec.  100.903 to read as follows:


Sec.  100.903   Recurring marine events in the Lake Michigan Captain of 
the Port Zone.

    (a) General. (1) The regulations in this section, along with the 
regulations of Sec.  100.901, apply to the marine events listed in 
table 1 to this section.
    (2) The regulations in this section will be enforced for the 
duration of each event, on or about the dates indicated. Notice of the 
exact dates and times of the effective period of the regulations in 
this section with respect to each event, the location of the regulated 
area, and details concerning of the event will be made public by 
publication in the Local Notices to Mariners and/or Broadcast Notice to 
Mariners over VHF-FM radio.
    (3) The dates and times of these events are subject to change. In 
the event of a change to these events, the Coast Guard will publish a 
Notice of Enforcement with the exact dates and times that the regulated 
area will be enforced.
    (4) Sponsors of events listed in table 1 to Sec.  this section are 
still required to submit applications for marine event permits in 
accordance with Sec.  100.15.
    (b) Special Local Regulations. (1) No vessel may enter, transit 
through, or anchor within the regulated area of any event listed in 
table 1 to this section which has been advertised in accordance with 
paragraph (a)(2) above without the permission of the Coast Guard Patrol 
Commander.
    (2) Vessel operators desiring to enter or operate within the 
regulated area

[[Page 33549]]

shall contact the Coast Guard Patrol Commander to obtain permission to 
do so. Vessel operators given permission to enter or operate within the 
regulated area must comply with all directions given to them by the 
Coast Guard Patrol Commander.
    (3) All geographic coordinates in table 1 to this section are North 
American Datum of 1983 (NAD 83).

                                                                Table 1 to Sec.   100.903
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                Event                                       Sector Lake Michigan special local regulations                                 Date
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(1) Harborfest Dragon Boat Race.....  South Haven, MI: All waters of the Black River, within an area bound by the following       2 days; in mid-to-late
                                       coordinates:                                                                                June.
                                         42[deg]24.227' N, 086[deg]16.683' W, then southeast to
                                         42[deg]24.210' N, 086[deg]16.667' W, then northeast to
                                         42[deg]24.320' N, 086[deg]16.442' W, then northwest to
                                         42[deg]24.337' N, 086[deg]16.457' W, then returning to the point of origin
(2) Summer in the City Waterski Show  Green Bay, WI: All waters of the Fox River from the Main Street Bridge to the West Walnut   Each Wednesday of July
                                       Street Bridge between coordinates:                                                          and August.
                                         44[deg]31.089' N, 088[deg]00.904' W, then southwest to
                                         44[deg]30.900' N, 088[deg]01.091' W
(3) Celebrate Americafest Ski Show..  Green Bay, WI: All waters of the Fox River from the West Walnut Street Bridge to the mouth  1 day; on or around
                                       of the East River between coordinates:                                                      July 4.
                                         44[deg]30.912' N, 088[deg]01.100' W, then northeast to
                                         44[deg]31.337' N, 088[deg]00.640' W
(4) Grand Haven Coast Guard Festival  Grand Haven, MI: All waters of the Grand River, within an area bound by the following       2 weeks; in late July
                                       coordinates:                                                                                and/or early August.
                                         43[deg]04.000' N, 086[deg]14.200' W, then east to
                                         43[deg]03.933' N, 086[deg]14.067' W, then south to
                                         43[deg]03.750' N, 086[deg]14.167' W, then west to
                                         43[deg]03.800' N, 086[deg]14.283' W, then returning to the point of origin
(5) Milwaukee Venetian Boat Parade..  Milwaukee, WI: All waters of Lake Michigan within the Milwaukee Harbor and the Milwaukee    1 day; the third
                                       River from McKinley Marina, along the Veteran's Park shoreline, to the Milwaukee Art        Saturday of August.
                                       Museum between coordinates:
                                         43[deg]02.066' N, 087[deg]52.966' W, then southwest to
                                         43[deg]02.483' N, 087[deg]53.683' W, then south to
                                         43[deg]02.366' N, 087[deg]53.700' W
(6) Milwaukee Open Water Swim.......  Milwaukee, WI: All waters of the Milwaukee River from the confluence with the Kinnickinnic  1 day; the first or
                                       River to the I-794 Bridge between coordinates:                                              second Saturday of
                                                                                                                                   August.
                                         43[deg]01.532' N, 087[deg]54.182' W, then northwest to
                                         43[deg]02.154' N, 087[deg]54.597' W
(7) Sister Bay Marinafest Ski Show..  Sister Bay, WI: All waters of Sister Bay within an 800 foot radius of the following         1 day; the last week
                                       coordinates:                                                                                of August or first
                                                                                                                                   week of September.
                                         45[deg]11.585' N, 087[deg]07.392' W
(8) Milwaukee Harborfest Boat Parade  Milwaukee, WI: All waters of the Milwaukee River from the North Holton Street Bridge to     1 day; the first or
                                       the confluence with the Kinnickinnic River between coordinates:                             second weekend of
                                                                                                                                   September.
                                         43[deg]03.284' N, 087[deg]54.267' W, then south to
                                         43[deg]01.524' N, 087[deg]54.173' W and
                                      All water of the Kinnickinnic River from the confluence with the Milwaukee River to the
                                       Municipal Mooring Basin between coordinates:
                                         43[deg]01.524' N, 087[deg]54.173' W, then south to
                                         43[deg]00.829' N, 087[deg]54.075' W
(9) Milwaukee River Challenge.......  Milwaukee, WI: All waters of the Milwaukee River from the confluence with the Menomonee     1 day; the third
                                       River and the East Pleasant Street Bridge between coordinates:                              Saturday of
                                                                                                                                   September.
                                         43[deg]01.915' N, 087[deg]54.627' W, then north to
                                         43[deg]03.095' N, 087[deg]54.468' W and
                                      All waters of the Menomonee River from the North 25th Street Bridge to the confluence with
                                       the Milwaukee River between coordinates:
                                         43[deg]01.957' N, 087[deg]56.682' W, then east to
                                         43[deg]01.915' N, 087[deg]54.627' W
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[[Page 33550]]


 
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                Event                                    Marine safety unit Chicago special local regulations                              Date
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(10) Chinatown Chamber of Commerce    Chicago, IL: All waters of the South Branch of the Chicago River from the West 18th Street  2 days; The second
 Dragon Boat Race.                     Bridge to the Amtrak Bridge between coordinates:                                            Friday and Saturday
                                                                                                                                   of July.
                                         41[deg]51.467' N, 087[deg]38.100' W, then southwest to
                                         41[deg]51.333' N, 087[deg]38.217' W
(11) Southland Regatta..............  Blue Island, IL: All waters of the Calumet Sag Channel from the South Halstead Street       2 days; the first
                                       Bridge to the Crawford Avenue Bridge between coordinates:                                   Sunday of November
                                                                                                                                   and the Saturday
                                                                                                                                   prior to it.
                                         41[deg]39.450' N, 087[deg]38.483' W, then southwest to
                                         41[deg]39.083' N, 087[deg]43.483' W and
                                      All waters of the Little Calumet River from the Ashland Avenue Bridge to the junction of
                                       the Calumet Sag Channel between coordinates:
                                         41[deg]39.117' N, 087[deg]39.633' W, then northeast to
                                         41[deg]39.374' N, 087[deg]39.001' W
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Sec. Sec.  100.906, 100.907, 100.909, and 100.910  [Removed]

0
3. Remove Sec. Sec.  100.906, 100.907, 100.909, and 100.910

    Dated: May 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-09878 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P