[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39393-39395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16297]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0312]
RIN 1625-AA00


Special Local Regulation; Upper Mississippi River, Mile 842.0 to 
840.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all waters of the Upper Mississippi River, Mile 842.0 to 
840.0, extending the entire width of the river. This special local 
regulation is needed to protect participants and event personnel during 
the swim leg of the Optum Health Twin Cities Triathlon occurring on the 
Upper Mississippi River. Entry into this area immediately before, 
during, and immediately after the swim portion of the triathlon will be 
prohibited unless specifically authorized by the Captain of the Port 
Upper Mississippi River or a designated representative.

DATES: This rule is effective and enforceable from 7:00 a.m. until 
11:00 a.m. on July 22, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0312 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2012-0312 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. 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 9:00 a.m. and 5:00 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant Junior Grade (LTJG) Colin 
Fogarty, Sector Upper Mississippi River Response Department at 
telephone 314-269-2546, email Colin.M.Fogarty@uscg.mil. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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 using the NPRM process. The Coast Guard received notice 
from the sponsor, Optum Health Performance, on March 13, 2012 stating 
they will be holding a triathlon on the Upper Mississippi River on July 
22, 2012. The triathlon is being advertised via press releases to 
various media outlets to target people on a local, state, and national 
level to ensure maximum outreach and preparation for the event. 
Completing the NPRM process is impracticable and contrary to the public 
interest as it would delay the necessary special local regulation, 
providing restricted areas and safety measures required to protect 
participants and event personnel from hazards associated with a swim 
event in the Mississippi River. Delaying this rule by completing the 
NPRM would also unnecessarily interfere with and delay the planned 
event and possible contractual obligations. 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. Delaying this rule by providing 30 days notice would 
be contrary to public interest because action is needed to protect 
participants and event personnel during the swim leg of the Optum 
Health Twin Cities Triathlon.

B. Background and Purpose

    On July 22, 2012 Optum Health Performance will hold the Optum 
Health Performance Twin Cities Triathlon between mile 842.0 and 840.0 
on the Upper Mississippi River. There are expected to be at least 700 
athletes participating in the event. Anticipated traffic on the river, 
presents safety risks to the athletes swimming the swim section of the 
triathlon. Under 33 U.S.C. 1233 authority the Coast Guard is 
establishing this special local regulation to provide for the safety of 
participants, event personnel, spectators, and other users and vessels 
on the Upper Mississippi River during the swim section of the Optum 
Health Triathlon.

C. Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation for all waters of the Upper Mississippi River, from mile 
842.0 to 840.0, extending the entire width of the river. Entry into 
this zone is prohibited to all vessels and persons, except persons and 
vessels specifically authorized by the Captain of the Port Upper 
Mississippi River or designated representative. This rule is effective 
from 7:00 a.m. until 11:00 a.m. on July 22, 2012. The Captain of the 
Port Upper Mississippi River will inform the public of the enforcement 
period by local notice to mariners, and changes to the enforcement by 
broadcast notice to mariners.

D. 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.

1. 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

[[Page 39394]]

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 that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). This rule is not expected to have a significant 
regulatory impact as it will be in effect for a limited time period and 
notifications to the marine community will be made by local notice to 
mariners, and subsequent notifications through broadcast notice to 
mariners. Deviation from the rule may be requested and will be 
considered on a case-by-case basis by the Captain of the Port or a 
designated representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Upper Mississippi River, mile 842.0 to 840.0 from 7:00 a.m. until 
11:00 a.m. on July 22, 2012. This temporary special local regulation 
will not have a significant economic impact on a substantial number of 
small entities because this rule will be in effect for a limited time 
period and notifications to the marine community will be made by local 
notice to mariners, and subsequent notifications through broadcast 
notice to mariners. Deviation from the rule may be requested and will 
be considered on a case-by-case basis by the Captain of the Port or a 
designated representative.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LTJG Colin Fogarty, Sector Upper 
Mississippi River Response Department at telephone 314-269-2546, email 
Colin.M.Fogarty@uscg.mil.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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 various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. 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.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a special local 
regulation, requiring a permit wherein an analysis of the environmental 
impact of the regulations was performed. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction and an environmental analysis checklist and a 
categorical exclusion determination

[[Page 39395]]

are not required for this rule. This rule is categorically excluded 
from further review under paragraph 34 (h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a 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 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 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.  100.35T08-0312 to read as follows:


Sec.  100.35T08-0312  Special Local Regulation; Upper Mississippi 
River, Mile 842.0 to 840.0.

    (a) Regulated area. The following area is a regulated area: a 
portion of the Upper Mississippi River, from mile 842.0 to 840.0, 
extending the entire width of the river near Saint Paul, MN.
    (b) Enforcement dates. This rule will be enforced from 7:00 a.m. 
until 11:00 a.m. on July 22, 2012.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regulated area under the direction of a designated Coast Guard Patrol 
Commander with assistance from local authorities. The Patrol Commander 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''.
    (2) ``Official patrol vessels'' are defined as any Coast Guard, 
state or local law enforcement, and sponsor provided vessels assigned 
or approved by the Captain of the Port Upper Mississippi River 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 or 
any other vessels.
    (4) No vessel shall transit through the regulated area, 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 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 
notice to mariners of changes to the enforcement period for the 
regulated area.

    Dated: June 8, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2012-16297 Filed 7-2-12; 8:45 am]
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