[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58875-58877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23286]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0839]
RIN 1625-AA08
Special Local Regulation; Frogtown Race Regatta; Maumee River,
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation on the Maumee River, Toledo, Ohio. This Special Local
Regulation is necessary to protect race participants from other vessel
traffic. This temporary Special Local Regulation is intended to
restrict vessels from a portion of the Maumee River during the annual
Frogtown Race Regatta.
DATES: This rule is effective from 5 a.m. until 7 p.m. on September 28,
2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0839. To view documents
mentioned in this preamble as being available in the
[[Page 58876]]
docket, go to http://www.regulations.gov, inserting USCG-2013-0839 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast
Guard Marine Safety Unit Toledo, at (419) 418-6036 or
[email protected]. If you have questions on viewing the docket,
call Barbara Hairston, 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
TFR Temporary Final Rule
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. Additional details regarding emergent event were received
after the annual permitting process but not received in sufficient time
for the Coast Guard to solicit public comments before the start of the
event. Thus, waiting for a notice and comment period to run would
inhibit the Coast Guard from protecting the public and vessels from the
hazards associated with the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
On Saturday, September 28, 2013, from 5 a.m. to 7 p.m. an organized
racing event will take place on the Maumee River in which participants
rowing shell boats from the Norfolk and Southern Bridge at River Mile
1.80 to the Anthony Wayne Bridge at River Mile 5.16 on the Maumee River
in Toledo, OH. The Captain of the Port Detroit has determined that this
boat race, which is in close proximity to watercraft and in the
shipping channel pose extra and unusual hazards to public safety and
property, including potential collisions, allisions, and individuals
falling in the water. Establishing a special local regulated area is
necessary to protect persons and property at these events and help
minimize the associated risks.
C. Discussion of Rule
This rule will be effective and enforced 5 a.m. until 7 p.m. on
September 28, 2013. The Coast Guard requires that all vessels
transiting the area proceed at a no-wake speed and maintain extra
vigilance at all times.
Vessel traffic may proceed down the West side of the river at a no
wake speed during racing. The races will stop for oncoming freighter or
commercial traffic. The on-scene representative or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event.
This temporary Special Local Regulation will encompass all U.S.
waters on the Maumee River, Toledo, OH from the Norfolk and Southern
Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River
Mile 5.16.
The Captain of the Port will notify the affected segments of the
public of the enforcement of this Special Local Regulation by all
appropriate means, including a Broadcast Notice to Mariners and Local
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 these statutes and executive orders.
1. Regulatory Planning and Review
This temporary final 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 that Order. We conclude that this
temporary final rule is not a significant regulatory action because we
anticipate that it will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The temporary Special Local Regulation will be
relatively small and be enforced for a relatively short time. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal.
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 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
temporary final rule will not have a significant economic impact on a
substantial number of small entities.
This temporary final rule will affect the following entities, some
of which might be small entities: the owners or operators of vessels
intending to transit or anchor in the portion of the Maumee River
discussed above from 5 a.m. until 7 p.m. on September 28, 2012.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
section 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
[[Page 58877]]
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 temporary final rule will call for no 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 the various levels of
government. We have analyzed this rule under that Order and determined
that this rule 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 cause 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
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 that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a special local regulation issued in
conjunction with a regatta or marine parade and therefore is
categorically excluded under figure 2-1, paragraph (34)(h), of the
Instruction. During the annual permitting process for this boat racing
event an environmental analysis was conducted to include the effects of
this special local regulation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, 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 temporary Sec. 100.T09-0839 to read as follows:
Sec. 100.T09-0839 Special Local Regulation, Frogtown Race Regatta,
Toledo, OH.
(a) Location. The regulated area includes all U.S. navigable waters
of the Maumee River, Toledo, OH, from the Norfolk and Southern Railway
Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River Mile
5.16.
(b) Effective and enforcement period. This section will be
effective and enforced from 5 a.m. until 7 p.m. on September 28, 2013.
(c) Regulations. (1) Consistent with Sec. 100.901 of this part,
vessels transiting within the regulated area shall travel at a no-wake
speed and remain vigilant at all times. Additionally, vessels within
the regulated area must yield right-of-way for event participants and
event safety craft. Commercial vessels will have right-of-way over
event participants, and event safety craft.
(2) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The on-scene representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated on scene representative may be contacted via
VHF Channel 16.
(3) Vessel operators entering or operating in the special local
regulated area must comply with all directions given to them by the
Captain of the Port, Sector Detroit or his on-scene representative.
Dated: September 13, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-23286 Filed 9-24-13; 8:45 am]
BILLING CODE 9110-04-P