[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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