82_FR_15720 82 FR 15660 - Special Local Regulation; Washburn Board Across the Bay, Lake Superior; Chequamegon Bay, WI

82 FR 15660 - Special Local Regulation; Washburn Board Across the Bay, Lake Superior; Chequamegon Bay, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 60 (March 30, 2017)

Page Range15660-15662
FR Document2017-06262

The Coast Guard proposes to establish a permanent special local regulation on Lake Superior within Chequamegon Bay for the annual Washburn Board Across the Bay racing event. This annual event historically occurs within the last 2 weeks of July and lasts for 1 day. This action is necessary to safeguard the participants and spectators on the water in a portion of Chequamegon Bay between Washburn, WI and Ashland, WI. This regulation would functionally restrict all vessel speeds while within a designated no-wake zone, unless otherwise specifically authorized by the Captain of the Port (COTP) Duluth or a designated representative. The area forming the subject of this permanent special local regulation is described below. We invite your comments on this notice of proposed rulemaking (NPRM).

Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017)
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15660-15662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0169]
RIN 1625-AA08


Special Local Regulation; Washburn Board Across the Bay, Lake 
Superior; Chequamegon Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation on Lake Superior within Chequamegon Bay for the annual 
Washburn Board Across the Bay racing event. This annual event 
historically occurs within the last 2 weeks of July and lasts for 1 
day. This action is necessary to safeguard the participants and 
spectators on the water in a portion of Chequamegon Bay between 
Washburn, WI and Ashland, WI. This regulation would functionally 
restrict all vessel speeds while within a designated no-wake zone, 
unless otherwise specifically authorized by the Captain of the Port 
(COTP) Duluth or a designated representative. The area forming the 
subject of this permanent special local regulation is described below. 
We invite your comments on this notice of proposed rulemaking (NPRM).

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
USCG-2017-0169 using the Federal eRulemaking Portal at http://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 Lieutenant Junior Grade John Mack, 
Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Duluth
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

    This annual event will consist of a series of races of varying 
lengths that utilize stand up paddleboards, sea kayaks, and canoes and 
will take place in Lake Superior within Chequamegon Bay between 
Washburn, WI and Ashland, WI. Due to the race course spanning across 
the entire bay it is anticipated that a significant number of 
recreational and commercial vessels attempting to transit across the 
course would pose a significant safety hazard to race participants and 
safety observers.
    The Captain of the Port, Duluth, believes a permanent special local 
regulation for Chequamegon Bay is needed to restrict the speed of 
vessels through the use of a no-wake zone within Chequamegon Bay 
before, during, and after the scheduled event to safeguard persons and 
vessels during the races. The statutory basis for this rulemaking is 33 
U.S.C. 1233, which give the Coast Guard, under a delegation from the 
Department of Homeland Security, regulatory authority to enforce the 
Ports and Waterways Safety Act.

III. Discussion of Proposed Rule

    This proposed rule would create a permanent special local 
regulation in Chequamegon Bay for the annual Washburn Board Across the 
Bay racing event that historically takes place in the third or fourth 
week of July. The no-wake zone would be enforced on all vessels 
entering into 100 yards of either side of an imaginary line beginning 
in Washburn, WI at position 46[deg]36'52'' N., 090[deg]54'24'' W.; 
thence southwest to position 46[deg]38'44'' N., 090[deg]54'50'' W.; 
thence southeast to position 46[deg]37'02'' N., 090[deg]50'20'' W.; and 
ending southwest at position 46[deg]36'12'' N., 090[deg]51'51'' W. All 
vessels transiting through the no-wake zone would be required to travel 
at an appropriate rate of speed that does not create a wake except as 
may be permitted by the COTP or a designated representative. The 
precise times and date of enforcement for this special local regulation 
will be determined annually.
    The Captain of the Port, Duluth, would use all appropriate means to 
notify the public when the special local

[[Page 15661]]

regulation in this proposed rule will be enforced. Such means may 
include publication in the Federal Register a Notice of Enforcement, 
Broadcast Notice to Mariners, and Local Notice to Mariners. The 
proposed regulatory text appears at the end of this document.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the Special Local Regulation. 
Vessel traffic will be able to safely transit through the no-wake zone 
which will be 200 yards wide and will impact only a small designated 
area of Lake Superior in Chequamegon Bay between Washburn, WI and 
Ashland, WI during a time of year when commercial vessel traffic is 
normally low. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16.

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 
through the no-wake zone may be small entities, for the reasons stated 
in section V.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 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 rule would economically affect it.
    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. 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 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 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 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 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 proposed 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 proposed rule involves a no-wake 
zone being enforced for no more than 5 hours along a prescribed route 
between Washburn & Ashland, Wisconsin. Normally such actions are 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are 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.

[[Page 15662]]

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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 proposed 
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: 33 U.S.C. 1233.

0
2. Add Sec.  100.0169 to read as follows:


Sec.  100.0169  Special Local Regulation; Washburn Board Across the 
Bay, Lake Superior; Chequamegon Bay, WI.

    (a) Location. All waters of Chequamegon Bay within 100 yards of 
either side of an imaginary line beginning in Washburn, WI at position 
46[deg]36'52'' N., 090[deg]54'24'' W.; thence southwest to position 
46[deg]38'44'' N., 090[deg]54'50'' W.; thence southeast to position 
46[deg]37'02'' N., 090[deg]50'20'' W.; and ending southwest at position 
46[deg]36'12'' N., 090[deg]51'51'' W.
    (b) Effective period. This annual event historically occurs within 
the third or fourth week of July. The Captain of the Port Duluth, will 
establish enforcement dates that will be announced by Notice of 
Enforcement, Local Notice to Mariners, Broadcast Notice to Mariners, 
on-scene designated representatives, or other forms of outreach.
    (c) Regulations. Vessels transiting within the regulated area shall 
travel at a no-wake speed except as may be permitted by the Captain of 
the Port Duluth or a designated on-scene representative. Additionally, 
vessels shall yield right-of-way for event participants and event 
safety craft and shall follow directions given by event representatives 
during the event.
    (d) Penalties. Vessels or persons violating this rule may be 
subject to the penalties set forth in 33 U.S.C. 1233.

    Dated: March 23, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-06262 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                      15660                  Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules

                                                      4332, 4334, 4335); Nuclear Waste Policy Act               Dated at Rockville, Maryland, this 23rd day         SUPPLEMENTARY INFORMATION:
                                                      of 1982, secs. 144(f), 121, 135, 141, 148 (42           of March, 2017.
                                                      U.S.C. 10134(f), 10141, 10155, 10161, 10168);             For the Nuclear Regulatory Commission.
                                                                                                                                                                    I. Table of Abbreviations
                                                      44 U.S.C. 3504 note.                                    Annette L. Vietti-Cook,                               COTP Captain of the Port, Duluth
                                                      ■ 14. In § 51.17, revise paragraph (b) to               Secretary of the Commission.                          CFR Code of Federal Regulations
                                                      read as follows:                                        [FR Doc. 2017–06162 Filed 3–29–17; 8:45 am]           DHS Department of Homeland Security
                                                                                                              BILLING CODE 7590–01–P
                                                                                                                                                                    FR Federal Register
                                                      § 51.17 Information collection                                                                                NPRM Notice of proposed rulemaking
                                                      requirements; OMB approval.                                                                                   § Section
                                                      *     *     *      *    *                                                                                     U.S.C. United States Code
                                                        (b) The approved information                          DEPARTMENT OF HOMELAND
                                                      collection requirements in this part                    SECURITY                                              II. Background, Purpose, and Legal
                                                      appear in §§ 51.6, 51.16, 51.41, 51.45,                                                                       Basis
                                                      51.49, 51.50, 51.51, 51.52, 51.53, 51.54,               Coast Guard
                                                                                                                                                                       This annual event will consist of a
                                                      51.55, 51.56, 51.58, 51.60, 51.61, 51.62,                                                                     series of races of varying lengths that
                                                      51.66, 51.68, and 51.69.                                33 CFR Part 100
                                                                                                                                                                    utilize stand up paddleboards, sea
                                                      ■ 15. In § 51.45, revise paragraph (a) to               [Docket Number USCG–2017–0169]                        kayaks, and canoes and will take place
                                                      read as follows:                                                                                              in Lake Superior within Chequamegon
                                                                                                              RIN 1625–AA08
                                                                                                                                                                    Bay between Washburn, WI and
                                                      § 51.45   Environmental report.
                                                                                                              Special Local Regulation; Washburn                    Ashland, WI. Due to the race course
                                                         (a) General. As required by §§ 51.50,                                                                      spanning across the entire bay it is
                                                                                                              Board Across the Bay, Lake Superior;
                                                      51.53, 51.54, 51.55, 51.56, 51.60, 51.61,                                                                     anticipated that a significant number of
                                                                                                              Chequamegon Bay, WI
                                                      51.62, or 51.68, as appropriate, each                                                                         recreational and commercial vessels
                                                      applicant or petitioner for rulemaking                  AGENCY:   Coast Guard, DHS.                           attempting to transit across the course
                                                      shall submit with its application or                    ACTION:   Notice of Proposed Rulemaking.              would pose a significant safety hazard
                                                      petition for rulemaking one signed                                                                            to race participants and safety observers.
                                                      original of a separate document entitled                SUMMARY:    The Coast Guard proposes to                  The Captain of the Port, Duluth,
                                                      ‘‘Applicant’s’’ or ‘‘Petitioner’s                       establish a permanent special local                   believes a permanent special local
                                                      Environmental Report,’’ as appropriate.                 regulation on Lake Superior within                    regulation for Chequamegon Bay is
                                                      An applicant or petitioner for                          Chequamegon Bay for the annual                        needed to restrict the speed of vessels
                                                      rulemaking may submit a supplement to                   Washburn Board Across the Bay racing                  through the use of a no-wake zone
                                                      an environmental report at any time.                    event. This annual event historically                 within Chequamegon Bay before,
                                                      *      *    *     *      *                              occurs within the last 2 weeks of July                during, and after the scheduled event to
                                                      ■ 16. Add § 51.56 to read as follows:                   and lasts for 1 day. This action is                   safeguard persons and vessels during
                                                                                                              necessary to safeguard the participants               the races. The statutory basis for this
                                                      § 51.56 Environmental report—non-power                  and spectators on the water in a portion              rulemaking is 33 U.S.C. 1233, which
                                                      production or utilization facility licenses.            of Chequamegon Bay between                            give the Coast Guard, under a delegation
                                                         Each applicant for a non-power                       Washburn, WI and Ashland, WI. This                    from the Department of Homeland
                                                      production or utilization facility license              regulation would functionally restrict                Security, regulatory authority to enforce
                                                      or other form of permission, or renewal                 all vessel speeds while within a                      the Ports and Waterways Safety Act.
                                                      of a non-power production or utilization                designated no-wake zone, unless
                                                      facility license or other form of                       otherwise specifically authorized by the              III. Discussion of Proposed Rule
                                                      permission issued pursuant to                           Captain of the Port (COTP) Duluth or a                   This proposed rule would create a
                                                      §§ 50.21(a) or (c) or § 50.22 of this                   designated representative. The area                   permanent special local regulation in
                                                      chapter shall submit a separate                         forming the subject of this permanent                 Chequamegon Bay for the annual
                                                      document, entitled ‘‘Applicant’s                        special local regulation is described                 Washburn Board Across the Bay racing
                                                      Environmental Report’’ or ‘‘Supplement                  below. We invite your comments on this                event that historically takes place in the
                                                      to Applicant’s Environmental Report,’’                  notice of proposed rulemaking (NPRM).                 third or fourth week of July. The no-
                                                      as appropriate, with its application to:                DATES: Comments and related material                  wake zone would be enforced on all
                                                      ATTN: Document Control Desk,                            must be received by the Coast Guard on                vessels entering into 100 yards of either
                                                      Director, Office of Nuclear Reactor                     or before May 1, 2017.                                side of an imaginary line beginning in
                                                      Regulation. The environmental report or                                                                       Washburn, WI at position 46°36′52″ N.,
                                                                                                              ADDRESSES: You may submit comments
                                                      supplement shall contain the                                                                                  090°54′24″ W.; thence southwest to
                                                      information specified in § 51.45. If the                identified by docket number USCG–
                                                                                                                                                                    position 46°38′44″ N., 090°54′50″ W.;
                                                      application is for a renewal of a license               USCG–2017–0169 using the Federal
                                                                                                                                                                    thence southeast to position 46°37′02″
                                                      or other form of permission for which                   eRulemaking Portal at http://
                                                                                                                                                                    N., 090°50′20″ W.; and ending
                                                      the applicant has previously submitted                  www.regulations.gov. See the ‘‘Public
                                                                                                                                                                    southwest at position 46°36′12″ N.,
                                                      an environmental report, the                            Participation and Request for
                                                                                                                                                                    090°51′51″ W. All vessels transiting
                                                      supplement, to the extent applicable,                   Comments’’ portion of the
                                                                                                                                                                    through the no-wake zone would be
                                                                                                              SUPPLEMENTARY INFORMATION section for
                                                      shall include an analysis of any                                                                              required to travel at an appropriate rate
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      environmental impacts resulting from                    further instructions on submitting
                                                                                                                                                                    of speed that does not create a wake
                                                      operational experience or a change in                   comments.
                                                                                                                                                                    except as may be permitted by the COTP
                                                      operations, and an analysis of any                      FOR FURTHER INFORMATION CONTACT:   If                 or a designated representative. The
                                                      environmental impacts that may result                   you have questions about this proposed                precise times and date of enforcement
                                                      from proposed decommissioning                           rulemaking, call or email Lieutenant                  for this special local regulation will be
                                                      activities. The supplement may                          Junior Grade John Mack, Waterways                     determined annually.
                                                      incorporate by reference the previously                 management, MSU Duluth, Coast Guard;                     The Captain of the Port, Duluth,
                                                      submitted environmental report, or                      telephone 218–725–3818, email                         would use all appropriate means to
                                                      portions thereof.                                       John.V.Mack@uscg.mil.                                 notify the public when the special local


                                                 VerDate Sep<11>2014   17:18 Mar 29, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\30MRP1.SGM   30MRP1


                                                                             Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules                                            15661

                                                      regulation in this proposed rule will be                low. Moreover, the Coast Guard will                   analyzed this proposed rule under that
                                                      enforced. Such means may include                        issue Broadcast Notice to Mariners via                Order and have determined that it is
                                                      publication in the Federal Register a                   VHF–FM marine channel 16.                             consistent with the fundamental
                                                      Notice of Enforcement, Broadcast Notice                                                                       federalism principles and preemption
                                                                                                              B. Impact on Small Entities
                                                      to Mariners, and Local Notice to                                                                              requirements described in Executive
                                                      Mariners. The proposed regulatory text                     The Regulatory Flexibility Act of                  Order 13132.
                                                      appears at the end of this document.                    1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                                                                              requires Federal agencies to consider                 tribal implications under Executive
                                                      IV. Regulatory Analyses                                 the potential impact of regulations on                Order 13175, Consultation and
                                                        We developed this proposed rule after                 small entities during rulemaking. The                 Coordination with Indian Tribal
                                                      considering numerous statutes and                       term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                      Executive orders related to rulemaking.                 businesses, not-for-profit organizations              a substantial direct effect on one or
                                                      Below we summarize our analyses                         that are independently owned and                      more Indian tribes, on the relationship
                                                      based on a number of these statutes and                 operated and are not dominant in their                between the Federal Government and
                                                      Executive orders and we discuss First                   fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                      Amendment rights of protestors.                         with populations of less than 50,000.                 power and responsibilities between the
                                                      A. Regulatory Planning and Review                       The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                                                                              605(b) that this proposed rule would not              If you believe this proposed rule has
                                                         E.O.s 12866 (‘‘Regulatory Planning                   have a significant economic impact on
                                                      and Review’’) and 13563 (‘‘Improving                                                                          implications for federalism or Indian
                                                                                                              a substantial number of small entities.               tribes, please contact the person listed
                                                      Regulation and Regulatory Review’’)                        While some owners or operators of
                                                      direct agencies to assess the costs and                                                                       in the FOR FURTHER INFORMATION
                                                                                                              vessels intending to transit through the              CONTACT section.
                                                      benefits of available regulatory                        no-wake zone may be small entities, for
                                                      alternatives and, if regulation is                      the reasons stated in section V.A above,              E. Unfunded Mandates Reform Act
                                                      necessary, to select regulatory                         this proposed rule would not have a
                                                      approaches that maximize net benefits                                                                           The Unfunded Mandates Reform Act
                                                                                                              significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                      including potential economic,                           vessel owner or operator.
                                                      environmental, public health and safety                                                                       Federal agencies to assess the effects of
                                                                                                                 If you think that your business,
                                                      effects, distributive impacts, and equity.                                                                    their discretionary regulatory actions. In
                                                                                                              organization, or governmental
                                                      E.O. 13563 emphasizes the importance                                                                          particular, the Act addresses actions
                                                                                                              jurisdiction qualifies as a small entity
                                                      of quantifying both costs and benefits, of                                                                    that may result in the expenditure by a
                                                                                                              and that this proposed rule would have
                                                      reducing costs, of harmonizing rules,                                                                         State, local, or tribal government, in the
                                                                                                              a significant economic impact on it,
                                                      and of promoting flexibility. Executive                                                                       aggregate, or by the private sector of
                                                                                                              please submit a comment (see
                                                      Order 13771 (‘‘Reducing Regulation and                                                                        $100,000,000 (adjusted for inflation) or
                                                                                                              ADDRESSES) explaining why you think it
                                                      Controlling Regulatory Costs’’), directs                                                                      more in any one year. Though this
                                                                                                              qualifies and how and to what degree
                                                      agencies to reduce regulation and                                                                             proposed rule will not result in such an
                                                                                                              this rule would economically affect it.
                                                      control regulatory costs and provides                      Under section 213(a) of the Small                  expenditure, we do discuss the effects of
                                                      that ‘‘for every one new regulation                     Business Regulatory Enforcement                       this rule elsewhere in this preamble.
                                                      issued, at least two prior regulations be               Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                      identified for elimination, and that the                we want to assist small entities in
                                                      cost of planned regulations be prudently                understanding this proposed rule. If the                We have analyzed this proposed rule
                                                      managed and controlled through a                        proposed rule would affect your small                 under Department of Homeland
                                                      budgeting process.’’                                    business, organization, or governmental               Security Management Directive 023–01
                                                         The Office of Management and Budget                  jurisdiction and you have questions                   and Commandant Instruction
                                                      (OMB) has not designated this rule a                    concerning its provisions or options for              M16475.lD, which guide the Coast
                                                      significant regulatory action under                     compliance, please contact the person                 Guard in complying with the National
                                                      section 3(f) of Executive Order 12866.                  listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                      Accordingly, the Office of Management                   CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
                                                      and Budget (OMB) has not reviewed it.                   not retaliate against small entities that             preliminary determination that this
                                                         As this rule is not a significant                    question or complain about this                       action is one of a category of actions that
                                                      regulatory action, this rule is exempt                  proposed rule or any policy or action of              do not individually or cumulatively
                                                      from the requirements of Executive                      the Coast Guard.                                      have a significant effect on the human
                                                      Order 13771. See OMB’s Memorandum                                                                             environment. This proposed rule
                                                      titled ‘‘Interim Guidance Implementing                  C. Collection of Information                          involves a no-wake zone being enforced
                                                      Section 2 of the Executive Order of                       This proposed rule will not call for a              for no more than 5 hours along a
                                                      January 30, 2017 titled ‘Reducing                       new collection of information under the               prescribed route between Washburn &
                                                      Regulation and Controlling Regulatory                   Paperwork Reduction Act of 1995 (44                   Ashland, Wisconsin. Normally such
                                                      Costs’ ’’ (February 2, 2017).                           U.S.C. 3501–3520).                                    actions are categorically excluded from
                                                         This regulatory action determination                                                                       further review under paragraph 34(h) of
                                                      is based on the size, location, duration,               D. Federalism and Indian Tribal                       Figure 2–1 of Commandant Instruction
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      and time-of-year of the Special Local                   Governments                                           M16475.lD. A preliminary
                                                      Regulation. Vessel traffic will be able to                 A rule has implications for federalism             environmental analysis checklist and
                                                      safely transit through the no-wake zone                 under Executive Order 13132,                          Categorical Exclusion Determination are
                                                      which will be 200 yards wide and will                   Federalism, if it has a substantial direct            available in the docket where indicated
                                                      impact only a small designated area of                  effect on the States, on the relationship             under ADDRESSES. We seek any
                                                      Lake Superior in Chequamegon Bay                        between the national government and                   comments or information that may lead
                                                      between Washburn, WI and Ashland,                       the States, or on the distribution of                 to the discovery of a significant
                                                      WI during a time of year when                           power and responsibilities among the                  environmental impact from this
                                                      commercial vessel traffic is normally                   various levels of government. We have                 proposed rule.


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                                                      15662                  Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules

                                                      G. Protest Activities                                       Authority: 33 U.S.C. 1233.                        the first 2 weeks of September and lasts
                                                        The Coast Guard respects the First                    ■   2. Add § 100.0169 to read as follows:             for 1 day. This action is necessary to
                                                      Amendment rights of protesters.                                                                               safeguard the participants and
                                                                                                              § 100.0169 Special Local Regulation;                  spectators on the water in a portion of
                                                      Protesters are asked to contact the
                                                                                                              Washburn Board Across the Bay, Lake                   the Keweenaw Waterway between the
                                                      person listed in the FOR FURTHER                        Superior; Chequamegon Bay, WI.
                                                      INFORMATION CONTACT section to                                                                                North Entry and the Portage Lake Lift
                                                      coordinate protest activities so that your                (a) Location. All waters of                         Bridge located in Houghton, MI. This
                                                      message can be received without                         Chequamegon Bay within 100 yards of                   regulation would functionally restrict
                                                      jeopardizing the safety or security of                  either side of an imaginary line                      all vessel speeds while within a
                                                      people, places or vessels.                              beginning in Washburn, WI at position                 designated no-wake zone, unless
                                                                                                              46°36′52″ N., 090°54′24″ W.; thence                   otherwise specifically authorized by the
                                                      V. Public Participation and Request for                 southwest to position 46°38′44″ N.,                   Captain of the Port (COTP) Duluth or a
                                                      Comments                                                090°54′50″ W.; thence southeast to                    designated representative. The area
                                                         We view public participation as                      position 46°37′02″ N., 090°50′20″ W.;                 forming the subject of this permanent
                                                      essential to effective rulemaking, and                  and ending southwest at position                      special local regulation is described
                                                      will consider all comments and material                 46°36′12″ N., 090°51′51″ W.                           below. We invite your comments on this
                                                      received during the comment period.                       (b) Effective period. This annual event             notice of proposed rulemaking (NPRM).
                                                      Your comment can help shape the                         historically occurs within the third or               DATES: Comments and related material
                                                      outcome of this rulemaking. If you                      fourth week of July. The Captain of the               must be received by the Coast Guard on
                                                      submit a comment, please include the                    Port Duluth, will establish enforcement               or before May 1, 2017.
                                                      docket number for this rulemaking,                      dates that will be announced by Notice                ADDRESSES: You may submit comments
                                                      indicate the specific section of this                   of Enforcement, Local Notice to                       identified by docket number USCG–
                                                      document to which each comment                          Mariners, Broadcast Notice to Mariners,               2017–0170 using the Federal
                                                      applies, and provide a reason for each                  on-scene designated representatives, or               eRulemaking Portal at http://
                                                      suggestion or recommendation.                           other forms of outreach.                              www.regulations.gov. See the ‘‘Public
                                                         We encourage you to submit                             (c) Regulations. Vessels transiting                 Participation and Request for
                                                      comments through the Federal                            within the regulated area shall travel at             Comments’’ portion of the
                                                      eRulemaking Portal at http://                           a no-wake speed except as may be                      SUPPLEMENTARY INFORMATION section for
                                                      www.regulations.gov. If your material                   permitted by the Captain of the Port                  further instructions on submitting
                                                      cannot be submitted using http://                       Duluth or a designated on-scene                       comments.
                                                      www.regulations.gov, contact the person                 representative. Additionally, vessels
                                                      in the FOR FURTHER INFORMATION                          shall yield right-of-way for event                    FOR FURTHER INFORMATION CONTACT: If
                                                      CONTACT section of this document for                    participants and event safety craft and               you have questions about this proposed
                                                      alternate instructions.                                 shall follow directions given by event                rulemaking, call or email Lieutenant
                                                         We accept anonymous comments. All                    representatives during the event.                     Junior Grade John Mack, Waterways
                                                      comments received will be posted                          (d) Penalties. Vessels or persons                   management, MSU Duluth, Coast Guard;
                                                      without change to http://                               violating this rule may be subject to the             telephone 218–725–3818, email
                                                      www.regulations.gov and will include                    penalties set forth in 33 U.S.C. 1233.                John.V.Mack@uscg.mil.
                                                      any personal information you have                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                                Dated: March 23, 2017.
                                                      provided. For more about privacy and                    E.E. Williams,                                        I. Table of Abbreviations
                                                      the docket, you may review a Privacy                    Commander, U.S. Coast Guard, Captain of
                                                      Act notice regarding the Federal Docket                                                                       COTP Captain of the Port, Duluth
                                                                                                              the Port Duluth.                                      CFR Code of Federal Regulations
                                                      Management System in the March 24,                      [FR Doc. 2017–06262 Filed 3–29–17; 8:45 am]           DHS Department of Homeland Security
                                                      2005, issue of the Federal Register (70
                                                                                                              BILLING CODE 9110–04–P                                FR Federal Register
                                                      FR 15086).                                                                                                    NPRM Notice of proposed rulemaking
                                                         Documents mentioned in this NPRM                                                                           § Section
                                                      as being available in the docket, and all                                                                     U.S.C. United States Code
                                                                                                              DEPARTMENT OF HOMELAND
                                                      public comments, will be in our online
                                                                                                              SECURITY
                                                      docket at http://www.regulations.gov                                                                          II. Background, Purpose, and Legal
                                                      and can be viewed by following that                     Coast Guard                                           Basis
                                                      Web site’s instructions. Additionally, if
                                                                                                                                                                       This annual event will consist of a
                                                      you go to the online docket and sign up                 33 CFR Part 100                                       series of races and non-competitive
                                                      for email alerts, you will be notified
                                                                                                              [Docket Number USCG–2017–0170]                        events of varying lengths that utilize
                                                      when comments are posted or a final
                                                                                                                                                                    stand up paddleboards, kayaks, and
                                                      rule is published.                                      RIN 1625–AA08                                         canoes that take place entirely within
                                                      List of Subjects in 33 CFR Part 100                                                                           the Keweenaw Waterway between the
                                                                                                              Special Local Regulation; Breakers to
                                                        Marine safety, Navigation (water),                                                                          North Entry and the Portage Lake Lift
                                                                                                              Bridge Paddle Festival, Lake Superior;
                                                      Reporting and recordkeeping                                                                                   Bridge located in Houghton, MI. Due to
                                                                                                              Keweenaw Waterway, MI
                                                                                                                                                                    the race course spanning a significant
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      requirements, Waterways.
                                                        For the reasons discussed in the                      AGENCY:   Coast Guard, DHS.                           portion of the Keweenaw Waterway it is
                                                      preamble, the Coast Guard proposed to                   ACTION:   Notice of proposed rulemaking.              anticipated that a significant number of
                                                      amend 33 CFR part 100 as follows:                                                                             recreational and commercial vessels
                                                                                                              SUMMARY:   The Coast Guard proposes to                attempting to transit near the paddle
                                                      PART 100—SAFETY OF LIFE ON                              establish a permanent special local                   craft would pose a significant safety
                                                      NAVIGABLE WATERS                                        regulation on Lake Superior within the                hazard to event participants and safety
                                                                                                              Keweenaw Waterway for the annual                      observers.
                                                      ■ 1. The authority citation for Part 100                Breakers to Bridge Paddle Festival. This                 The Captain of the Port, Duluth,
                                                      continues to read as follows:                           annual event historically occurs within               believes a special local regulation for


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Document Created: 2017-03-30 01:35:25
Document Modified: 2017-03-30 01:35:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 1, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, email [email protected]
FR Citation82 FR 15660 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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