[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33124-33125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15248]



[[Page 33124]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0580]
RIN 100-AA08


Special Local Regulations; Annual Les Cheneaux Islands Antique 
Wooden Boat Show; Hessel, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding a special local regulation to 
increase safety in the navigable waters of Marquette Bay, Hessel, MI 
during the annual Les Cheneaux Islands Antique Wooden Boat Show held 
annually in mid-August. The regulation will add a no wake zone to be 
enforced in the area around the show from 7 a.m. to 7 p.m.

DATES: This regulation is effective August 11th, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket go to http://www.regulations.gov type USCG-
2018-0580 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 Steven Durden, Waterways Management, Coast Guard 
Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-635-3222, 
email <a href="/cdn-cgi/l/email-protection#91c2e5f4e7f4ffbfd4bfd5e4e3f5f4ffd1e4e2f2f6bffcf8fd"><span class="__cf_email__" data-cfemail="782b0c1d0e1d16563d563c0d0a1c1d16380d0b1b1f56151114">[email protected]</span></a>.

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 Les Cheneaux Antique Wooden Boat Show was founded in 1978 and 
the event is held every year in mid-August. During this event, a 
variety of vessel traffic is attracted to the area in and surrounding 
the Hessel Marina. A commercial ferry vessel, jet skis, kayaks, paddle 
boards, sail and power vessels all use this this waterway to view the 
show and to transit the area. This mix of vessels in close proximity to 
each other warrants additional safety measures. In response, the Coast 
Guard published a notice of proposed rulemaking (NPRM) on June 18th, 
2018. There, we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this no wake zone. During the 
comment period that ended July 9th, 2018, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would inhibit the Coast Guard's ability to provide 
for the public's safety during the August 11th, 2018 Les Cheneaux 
Islands Antique Wooden Boat Show.
    The legal basis for this final rulemaking is found at 33 U.S.C. 
1233.

III. Discussion of Comments, Changes and the Rule

    We received no comments from the NPRM published June 18th, 2018. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM. The Captain of the Port Sault Sainte Marie 
(COTP) has determined that adding the Annual Les Cheneaux Islands 
Antique Wooden Boat Show to the list of Special Local Regulations to 
establish a no wake zone in the navigable waters of Marquette Bay near 
Hessel, MI is necessary to ensure the safety of the boating public.

IV. 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 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day for the no wake zone. Vessel 
traffic will be able to safely transit through the no wake zone which 
will impact a small designated area within the COTP zone for a short 
duration of time. Moreover, the Coast Guard will issue Broadcast Notice 
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 
no wake 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).

[[Page 33125]]

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 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 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 proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 rule involves creating a no wake 
zone for one day each year in a small area. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 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 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: 33 U.S.C. 1233.


0
2. Add Sec.  100.922 to read as follows:


Sec.  100.922   Special Local Regulations; Annual Les Cheneaux Islands 
Antique Wooden Boat Show; Hessel, MI.

    (a) Regulated area. These Special Local Regulations apply to all 
U.S. navigable waters of Marquette Bay, Hessel, MI, within an area 
bordered by a line from the crib piles charted in position 
45[deg]59'59'' N, 084[deg]25'10'' W to Red Buoy ``8'' charted in 
position 45[deg]59'46'' N, 084[deg]25'37'' W to Red Buoy ``6'' charted 
in position 45[deg]59'58'' N, 084[deg]25'53'' W to Red Buoy ``4'' 
charted in position 45[deg]59'57'' N, 084[deg]26'23'' W to Green Buoy 
``5'' charted in position 46[deg]00'13'' N, 084[deg]26'10'' W to land 
in position 46[deg]00'18'' N, 084[deg]26'04'' W.
    (b) Enforcement period. These special local regulations are 
effective for one day in mid-August. The Coast Guard will issue a 
notice of enforcement with the exact time and date this regulated area 
will be enforced.
    (c) Special local regulation. While in the regulated area all 
vessels will operate at a no wake speed and follow the directions of 
the on-scene patrol commander.

    Dated: July 12, 2018.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2018-15248 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P


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