[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23123-23125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9389]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0168]
RIN 1625-AA08
Special Local Regulation; Smokin The Lake; Gulfport Lake;
Gulfport, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for a portion of Gulfport Lake in Gulfport, MS. This action
is necessary for the safeguard of participants and spectators,
including all crews, vessels, and persons on navigable waters during
the Smokin The Lake high speed boat races on May 5 and 6, 2012. Entry
into, transiting or anchoring in this area is prohibited to all vessels
not registered with the sponsor as participants or not part of the
regatta patrol, unless specifically authorized by the Captain of the
Port (COTP) Mobile or a designated representative.
DATES: This rule is effective and enforceable with actual notice from
10 a.m. until 6 p.m. on May 5, 2012 and May 6, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0168 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0168 in the
``Search'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays and
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex,
South Broad Street, Mobile, AL 36615, between 8 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Lenell J. Carson, Coast Guard Sector
Mobile, Waterways Division; telephone 251-441-5940 or email
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' This rule provides proper notice; however, under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) which would provide a
comment period with respect to this rule. The Coast Guard received an
application for a Marine Event Permit on February 27, 2012 confirming
that this year's occurrence of this annual event would take place on
May 5, 2012 and May 6, 2012. After reviewing the details of the event
and the permit application, the Coast Guard determined that a special
local regulation is needed and delaying or foregoing this safety
measure would be contrary to the public interest. Additionally, this
special local regulation is part of a separate rulemaking updating the
current list of annually recurring events under docket number USCG-
2011-0286. That rulemaking published March 1, 2012 in the Federal
Register (77 FR 12456) provided a comment period before becoming a
permanent final rule. No comments were received in that docket related
to this event.
The special local regulation is needed to safeguard persons and
vessels from safety hazards associated with the Smokin The Lake high
speed boat races.
Basis and Purpose
On February 27, 2012, Smokin The Lake applied for a Marine Event
Permit to conduct high speed boat races on Gulfport Lake, Gulfport, MS
on May 5, 2012 and May 6, 2012. This event will draw in a large number
of pleasure craft and the high speed boats pose a significant safety
hazard to both vessels and mariners operating in or near the area. The
COTP Mobile is establishing a temporary special local regulation for a
portion of Gulfport Lake, Gulfport, MS to safeguard persons and vessels
during the high speed boat races.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this special local regulation is deemed necessary
for the safeguard of life and property within the COTP Mobile zone.
[[Page 23124]]
Discussion of Rule
The Coast Guard is establishing a temporary special local
regulation for Gulfport Lake, Gulfport, MS to include all waters
between an eastern boundary represented by positions 30[deg]25'36'' N,
089[deg]03'08'' W to 30[deg]25'26'' N, 089[deg]03'08'' W, and a western
boundary represented by positions 30[deg]25'32'' N, 089[deg]03'59'' W
to 30[deg]25'26'' N, 089[deg]03'59'' W. This temporary rule will
safeguard life and property in this area. Entry into, transiting or
anchoring in this zone is prohibited to all vessels not registered with
the sponsor as participants or not part of the regatta patrol, unless
specifically authorized by the COTP Mobile or a designated
representative. They may be contacted on VHF-FM Channel 16 or through
Coast Guard Sector Mobile at 251-441-5976.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the special local regulation. This rule is effective from 10
a.m. until 6 p.m. on May 5, 2012 and May 6, 2012.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The special local regulation listed in this rule will only restrict
vessel traffic from entering, transiting, or anchoring within Gulfport
Lake, Gulfport, MS. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to transit through the regulated area; and (3) the impacts on
routine navigation are expected to be minimal. Notifications to the
marine community will be made through broadcast notice to mariners.
These notifications will allow the public to plan operations around the
regulated area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in affected portions of Gulfport Lake during the high
speed boat races. This special local regulation will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The zone is limited in size, is of short
duration and vessel traffic may request permission from the COTP Mobile
or a designated representative to enter or transit through the
regulated area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This 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 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 determined
that this rule does not have implications for federalism.
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.
Taking of Private Property
This rule will not affect a 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
Technical Standards
This rule does not use technical standards. Therefore, we did not
[[Page 23125]]
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves establishing a special
local regulation, requiring a permit wherein an analysis of the
environmental impact of the regulations was performed. Under figure 2-
1, paragraph (34)(h.), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.
List of Subjects 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. 100.35T08-0168 to read as follows:
Sec. 100.35T08-0168 Special Local Regulation; Gulfport Lake;
Gulfport, MS.
(a) Regulated Area. The following area is a regulated area:
Gulfport Lake, Gulfport, MS to include all waters between an eastern
boundary represented by positions 30[deg]25'36'' N, 089[deg]03'08'' W
to 30[deg]25'26'' N, 089[deg]03'08'' W, and a western boundary
represented by positions 30[deg]25'32'' N, 089[deg]03'59'' W to
30[deg]25'26'' N, 089[deg]03'59'' W.
(b) Enforcement dates. This rule will be enforced from 10 a.m.
until 6 p.m. on May 5, 2012 and May 6, 2012.
(c) Special Local Regulations.
(1) The Coast Guard will patrol the regulated area under the
direction of a designated Coast Guard Patrol Commander. The Patrol
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call
sign ``PATCOM''.
(2) All Persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port Mobile to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
(4) No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for entry by
or through an official patrol vessel.
(5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and vessels must remain moored
through the duration of the event.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the regulated area as
well as any changes in the planned schedule.
Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-9389 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P