Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 6859 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0031] 

RIN 1625–AA08 

Regattas and Marine Parades; Great 

Lakes Annual Marine Events 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule proposes 

restrictions on vessel movement in 

portions of the Calumet Sag Channel 

and the Little Calumet River during the 

annual Southland Regatta. The 

Southland Regatta is a university rowing 

race that will be held annually during 

the first weekend of November. This 

proposed rule is intended to ensure 

safety of life on the navigable waters 

immediately prior to, during, and 

immediately after regattas or marine 

parades. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

May 6, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0031 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747–

7154. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0031), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

document to ensure that you can be 

identified as the submitter. This also 

allows us to contact you in the event 

further information is needed or if there 

are questions. For example, if we cannot 

read your submission due to technical 

difficulties and you cannot be 

contacted, your submission may not be 

considered. You may submit your 

comments and material by electronic 

means, mail, fax, or delivery to the 

Docket Management Facility at the 

address under ADDRESSES; but please 

submit your comments and material by 

only one means. If you submit them by 

mail or delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time, 

click on ‘‘Search for Dockets,’’ and enter 

the docket number for this rulemaking 

(USCG–2008–0031) in the Docket ID 

box, and click enter. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the DOT West Building, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

C. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

SUPPLEMENTARY INFORMATION: 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander, 

Coast Guard Sector Lake Michigan at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

This proposed rule will add a section 

to 33 CFR part 100 that will place 

restrictions on the portions of the 

Calumet Sag Channel and the Little 

Calumet River during the annual 

Southland Regatta. The Southland 

Regatta is a university rowing race that 

will be held annually during the first 

weekend of November. 

Discussion of Proposed Rule 

This proposed rule is intended to 

ensure safety of life on the navigable 

waters immediately prior to, during, and 

immediately after the Southland 

Regatta. This proposed rule will 

establish restrictions upon and control 

the movement of vessels through a 

portion of the Calumet Sag Channel and 

the Little Calumet River immediately 

prior to, during, and immediately after 

the Southland Regatta. 

This proposed rule would regulate all 

waters of the Calumet Sag Channel from 

the South Halstead Street Bridge at 

41°39′27′′ N, 087°38′29′′ W; to the 

Crawford Avenue Bridge at 41°39′05′′ N, 

087°43′08′′ W; and the Little Calumet 

River from the Ashland Avenue Bridge 

at 41°39′07′′ N, 087°39′38′′ W; to the 

junction of the Calumet Sag Channel. 

(DATUM: NAD 83). 

The Captain of the Port will issue a 

notice of enforcement of the special 

local regulations established by this 

section, by all appropriate means, to the 

affected segments of the public. Such 

means of notification will include, but 

is not limited to, Broadcast Notice to 

Mariners and Local Notice to Mariners. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 


rwilkins on PROD1PC63 with PROPOSALS
6860 Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

The Coast Guard’s use of this special 

local regulation will be periodic, of 

short duration, and designed to 

minimize the impact on navigable 

waters. This regulation will only be 

enforced immediately before, during, 

and immediately after the time the 

marine events occur. Furthermore, this 

special local regulation has been 

designed to allow vessels to transit 

unrestricted to portions of the 

waterways not affected by the special 

local regulation. The Coast Guard 

expects insignificant adverse impact to 

mariners from the activation of this 

special local regulation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

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. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: The owners and 

operators of vessels intending to transit 

or anchor on the Calumet Sag Channel 

and the Little Calumet River on the first 

Saturday of November. 

This special local regulation will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: This proposed 

rule would be in effect for short periods 

of time and only once per year; is 

designed to allow traffic to pass safely 

around the zone whenever possible; and 

allows vessels to pass through the zones 

with the permission of the Captain of 

the Port. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed 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 proposed rule would economically 

affect it. 

Assistance for Small Entities 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747–

7154. 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. 

Collection of Information 

This proposed rule calls for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this proposed rule will not 

result in such expenditure, we 

nevertheless discuss its effects 

elsewhere in this preamble. 

Taking of Private Property 

This proposed rule will not effect the 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and does 

not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

Indian Tribal Governments 

The Coast Guard recognizes the treaty 

rights of Native American Tribes. 

Moreover, the Coast Guard is committed 

to working with Tribal Governments to 

implement local policies and to mitigate 

tribal concerns. We have determined 

that these regulations and fishing rights 

protection need not be incompatible. 

We have also determined that this 

proposed 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this proposed rule or options for 

compliance are encourage to contact the 

point of contact listed under FOR

FURTHER INFORMATION CONTACT. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 6861 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this proposed rule should be 

categorically excluded, under figure 2–

1, paragraph 34(h) of the Instruction, 

from further environmental 

documentation. This proposed rule 

would establish a special local 

regulation issued in conjunction with a 

regatta or marine parade, and as such is 

covered by this paragraph. 

A preliminary ‘‘Environmental 

Analysis Check List’’ and a preliminary 

‘‘Categorical Exclusion Determination’’

are available in the docket where 

indicated under ADDRESSES. Comments 

on this section will be considered before 

we make the final decision on whether 

the proposed rule should be 

categorically excluded from further 

environmental review. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, and Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add § 100.910 to read as follows: 

§ 100.910 Southland Regatta; Blue Island, 

IL. 

(a) Regulated Area. A regulated area is 

established to include all waters of the 

Calumet Sag Channel from the South 

Halstead Street Bridge at 41°39′27′′ N, 

087°38′29′′ W; to the Crawford Avenue 

Bridge at 41°39′05′′ N, 087°43′08′′ W; 

and the Little Calumet River from the 

Ashland Avenue Bridge at 41°39′07′′ N, 

087°39′38′′ W; to the junction of the 

Calumet Sag Channel. (DATUM: NAD 

83). 

(b) Special Local Regulations. The 

regulations of § 100.901 apply. No 

vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(c) Effective Period. This section is 

effective annually on the Saturday 

immediately prior to the first Sunday of 

November, from 3 p.m. until 5 p.m.; and 

the first Sunday of November, from 9 

a.m. until 5 p.m. 

Dated: January 17, 2008. 

J.R. Castillo, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District, Acting. 

[FR Doc. E8–2165 Filed 2–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0143] 

RIN 1625–AA00 

Safety Zone; Oceanside Harbor, 

California 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary safety zone within the 

navigable waters of the Pacific Ocean in 

Oceanside Harbor, California for the 

Ford Ironman 70.3 California Triathlon. 

This temporary safety zone is necessary 

to provide for the safety of the 

participants (swimmers), crew, 

spectators, and other vessels and users 

of the waterway. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port or his designated 

representative. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 3, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2007–0143 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Petty Officer Kristen Beer, 

Waterways Management, U.S. Coast 

Guard Sector San Diego at (619) 278–

7233. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366–

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–0143), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 


rwilkins on PROD1PC63 with PROPOSALS