Special Local Regulations; Recurring Marine Events in the Lake Michigan Captain of the Port Zone
| Published date | 19 March 2020 |
| Citation | 85 FR 15745 |
| Record Number | 2020-05729 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 54 (Thursday, March 19, 2020)
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15745-15749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05729]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the rules that regulate
vessel traffic and control navigation on portions of waterways in the
Lake Michigan Captain of the Port Zone during events that will
introduce extra or unusual hazards to the safety of life on the
navigable waters of the United States. This proposed rulemaking will
reorganize five separate regulations of a similar nature currently
listed in the Code of Federal Regulations (CFR) into a single
regulation, make minor formatting changes for consistency, move six
existing events into this regulation, update the dates listed for
events, and list these regulations in table form. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0124 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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, Purpose, and Legal Basis
Marine events are held on a regularly recurring basis on the
navigable waters of the Lake Michigan Captain of the Port Zone (COTP).
In the past, the Coast Guard would issue special local regulations for
these events. The COTP has determined that potential hazards associated
with the events exist, and regulations have been issued to protect
safety of life and property for the maritime public and event
participants from the hazards associated with these events. In the
past, the Coast Guard has not received public comments or concerns
regarding impacts to waterway traffic as a result of these regularly
recurring events.
This proposed rulemaking would provide consistency to notify the
public in a timely manner through permanent publication in Title 33 of
the Code of Federal Regulations. The table in this proposed rule would
list each regularly recurring event requiring a special local
regulation, as administered by the Coast Guard and enforced by COTP
Lake Michigan.
By consolidating these regulations into a single regulation and
making minor formatting updates, the Coast Guard will improve the
accuracy of the event and regulation information, make the regulation
easier to use, and reduce the administrative burden to manage multiple
regulations. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041 (previously 33 U.S.C. 1233).
III. Discussion of Proposed Rule
The COTP Lake Michigan is proposing to consolidate all of the
[[Page 15746]]
regularly recurring marine events in the Lake Michigan COTP Zone from
33 CFR 100.903 through Sec. 100.910 into a single table located in
Sec. 100.903, move six existing events from 33 CFR 165.929 into this
table in Sec. 100.903, and make minor formatting changes to ensure
consistency with listed dates, times, and locations. In this
rulemaking, the Coast Guard proposes to remove Sec. Sec. 100.906,
100.907, 100.909, and 100.910, and revise Sec. 100.903 to consolidate
the regulations contained in the above-mentioned five regulations into
a table located within a single regulation, making the regulations
easier to use. Aditionally, six existing events listed as safety zones
in 33 CFR 165.929, specifically those events listed in Sec. Sec. Table
165.929(e)(30), Table 165.929(e)(51), Table 165.929(f)(17), Table
165.929(f)(18), Table 165.929(g)(2), and Table 165.929(g)(4), would be
moved to Sec. 100.903 without making substantial modifications to the
application of these events. These events are permitted Marine Events
and their inclusion in Sec. 100.903 would be more appropriate than in
33 CFR 165.929. Furthermore, the sponsors of several events listed have
changed the dates that they hold their events requiring the Coast Guard
to issue notices of enforcement for these changes each year. Updating
these dates will eliminate the need to issue notices of enforcement as
a regular occurance. Lastly, coordinates will all be listed in degrees
and decimal minutes format. This rulemaking will not substantially
change the details of any event.
As large numbers of spectator vessels and marine traffic are
expected to congregate around the event locations, the regulated areas
that would be listed in the table are needed to protect both spectators
and event participants from safety hazards associated with these
events. During the enforcement period of the regulated areas, persons
and vessels would be prohibited from entering, transiting through, and
remaining, anchoring, or mooring within the regulated area unless
specifically authorized by the COTP or a designated representative. The
Coast Guard may be assisted by other Federal, State, or local agencies
in the enforcement of these regulated areas. These events are listed
below in the text of the regulation.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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.
The Coast Guard has previously promulgated special local
regulations or safety zones in Sec. 100 and Sec. 165, respectively,
for all event areas contained within this proposed regulation and has
not received notice of any negative impact caused by the regulations.
By consolidating these regulations into a single regulation and making
minor formatting changes, the Coast Guard will improve the accuracy of
this information, make the regulations easier to use, and reduce the
administrative burden to manage multiple regulations.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the
[[Page 15747]]
effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary 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 proposed rule involves the
consolidation and making minor formatting changes of five existing
special local regulations. Normally such actions are categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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 Sec.
100.903.
(2) These regulations 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 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 the table to Sec. 100.903 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 Sec. 100.903 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 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 Sec. 100.903 are
North American Datum of 1983 (NAD 83).
Table 1 to Sec. 100.903
------------------------------------------------------------------------
Sector Lake Michigan
Event Special Local Date
Regulations
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(1) Harborfest Dragon Boat South Haven, MI: All 2 days; in mid-
Race. waters of the Black to-late June.
River, within an area
bound by the
following
coordinates:
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 Green Bay, WI: All Each Wednesday
Waterski Show. waters of the Fox of July and
River from the Main August.
Street Bridge to the
West Walnut Street
Bridge between
coordinates:
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 Green Bay, WI: All 1 day; on or
Show. waters of the Fox around July 4.
River from the West
Walnut Street Bridge
to the mouth of the
East River between
coordinates:
44[deg]30.912' N,
088[deg]01.100' W,
then northeast to.
[[Page 15748]]
44[deg]31.337' N,
088[deg]00.640' W.
(4) Grand Haven Coast Guard Grand Haven, MI: All 2 weeks; in late
Festival. waters of the Grand July and/or
River, within an area early August.
bound by the
following
coordinates:
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 Milwaukee, WI: All 1 day; the third
Parade. waters of Lake Saturday of
Michigan within the August.
Milwaukee Harbor and
the Milwaukee River
from McKinley Marina,
along the Veteran's
Park shoreline, to
the Milwaukee Art
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 1 day; the first
waters of the or second
Milwaukee River from Saturday of
the confluence with August.
the Kinnickinnic
River to the I-794
Bridge between
coordinates:
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 Sister Bay, WI: All 1 day; the last
Show. waters of Sister Bay week of August
within an 800 foot or first week
radius of the of September.
following
coordinates:
45[deg]11.585' N,
087[deg]07.392' W.
(8) Milwaukee Harborfest Boat Milwaukee, WI: All 1 day; the first
Parade. waters of the or second
Milwaukee River from weekend of
the North Holton September.
Street Bridge to the
confluence with the
Kinnickinnic River
between coordinates:
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 1 day; the third
waters of the Saturday of
Milwaukee River from September.
the confluence with
the Menomonee River
and the East Pleasant
Street Bridge between
coordinates:
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.
------------------------------------------------------------------------
Marine Safety Unit
Event Chicago Special Local Date
Regulations
------------------------------------------------------------------------
(10) Chinatown Chamber of Chicago, IL: All 2 days; The
Commerce Dragon Boat Race. waters of the South second Friday
Branch of the Chicago and Saturday of
River from the West July.
18th Street Bridge to
the Amtrak Bridge
between coordinates:
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 2 days; the
waters of the Calumet first Sunday of
Sag Channel from the November and
South Halstead Street the Saturday
Bridge to the prior to it.
Crawford Avenue
Bridge between
coordinates:
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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[[Page 15749]]
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: March 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-05729 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P
