[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25075-25077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10255]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0170]
RIN 1625-AA08
Special Local Regulation; Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation in Galveston Bay in the vicinity of Kemah, Texas. This
temporary special local regulation is necessary to provide for the
safety of swimmers participating in the Memorial Hermann Kemah
Triathlon. All vessels will be prohibited from transiting in or near
the area except as specifically authorized by the Captain of the Port
or a designated representative.
DATES: This rule is effective on April 29, 2012 from 6 a.m. until 12
noon.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0170 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0170 in the
``Keyword'' 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Margaret Brown, Coast Guard; telephone
713-678-9001, 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.'' 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)
with respect to this rule. The intended date for this charitable event
is April 29, 2012. Publishing an NPRM is impracticable because it would
delay the effective date for this special local regulation.
This event and special local regulation are part of a Direct Final
Rule (DFR) creating a list of annually recurring special local
regulations under 33 CFR part 100, taking place in the Eighth Coast
Guard District. The DFR published in the Federal Register on March 1,
2012, (77 FR 12456), provides for a comment period and is scheduled to
go into effect May 30, 2012 which is after the April 29, 2012 scheduled
date for this event. A comment period is provided in the DFR, but
awaiting the DFR effective date and delaying or foregoing the special
local regulation needed for the safety of triathlon participants would
be contrary to public interest.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Immediate action is
needed to protect swimmers participating in the Memorial Hermann Kemah
Triathlon.
Basis and Purpose
The swimming portion of the Memorial Hermann Triathlon will feature
swimmers entering the water from a vessel and swimming approximately
one mile to shore. This
[[Page 25076]]
special local regulation provides a protected area for the swimmers
from recreational and other vessels that might be in the area.
Discussion of Rule
The Coast Guard is establishing a temporary special local
regulation in Galveston Bay. The area regulated begins at Latitude
29[deg]32'38.02'' N, Longitude 095[deg]00'58.30'' W thence east to
Latitude 29[deg]32'46.73'' N, Longitude 094[deg]59'50.36'' W, thence
south to Latitude 29[deg]32'36.98'' N, Longitude 094[deg]59'50.32'' W,
thence west to 29[deg]32'30.86'' N, Longitude 095[deg]00'56.91'' W
thence along the shoreline to the point of beginning. This rule is
established to allow for the safety of swimmers participating in a
triathlon. Vessels will not be allowed to transit within the designated
area immediately before, during, and after the swim portion of the
triathlon.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes 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.
This regulation will only be in effect for six hours. Notifications
to the marine community will be made through broadcast notice to
mariners and electronic mail. The special local regulation will not
affect channel navigation and will only affect few recreational
vessels. The impacts on routine navigation are expected to be minimal.
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 not affect small entities because the special
local regulation does not inhibit navigation. Recreational vessels may
navigate around the restricted area. If you are a small business entity
and are significantly affected by this regulation please contact LT
Margaret Brown, Coast Guard Sector Houston-Galveston, at (713) 678-
9001.
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 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 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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
consider the use of voluntary consensus standards.
[[Page 25077]]
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 in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. A new temporary Sec. 100.35T08-0170 is added to read as follows:
Sec. 100.35T08-0170 Special Local Regulation; Galveston Bay, Kemah,
TX
(a) Location. Under this temporary rule, the following area is a
regulated area: Galveston Bay, beginning at Latitude 29[deg]32'38.02''
N, Longitude 095[deg]00'58.30'' W thence east to Latitude
29[deg]32'46.73'' N, Longitude 094[deg]59'50.36'' W, thence south to
Latitude 29[deg]32'36.98'' N, Longitude 094[deg]59'50.32'' W, thence
west to 29[deg]32'30.86'' N, Longitude 095[deg]00'56.91'' W thence
along the shoreline to the point of beginning.
(b) Enforcement date. This temporary rule will be enforced from 6
a.m. to 12 noon on April 29, 2012.
(c) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.35 of this part, entry into this area is
prohibited immediately before, during and immediately following the
swimming portion of this triathlon event.
(2) Vessels shall not transit through or within the restricted area
during the swimming portion of the triathlon event.
(3) No vessel shall anchor, block, loiter, or impede the swimming
portion of this triathlon event.
(4) Persons or vessels requiring deviation from these restrictions
must request permission from the Captain of the Port Houston-Galveston,
or a designated representative. They may be contacted at ``Sector
Houston-Galveston'' on VHF-FM Channels 16, or by phone at (713) 671-
5113. Requests to deviate from these restrictions will be reviewed on a
case-by-case basis.
(5) All persons and vessels shall comply with the instructions of
the Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
(d) Informational Broadcasts. Notifications of changes in
enforcement periods and changes to this special local regulation will
be made through Vessel Traffic Services and broadcast notice to
mariners.
Dated: April 16, 2012.
J.H. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2012-10255 Filed 4-26-12; 8:45 am]
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