[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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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