[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Proposed Rules]
[Pages 26661-26664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10625]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0714]
RIN 1625-AA08
Special Local Regulation; Annual Events on the Maumee River
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its regulations by adding
two Special Local Regulations within the Captain of the Port Detroit
Zone on the Maumee River, Toledo, Ohio. These special local regulated
areas are necessary to protect spectators, participants, and vessels
from the hazards associated with these races. These regulations are
intended to regulate vessel movement in portions of the Maumee River
during the annual Dragon Boat Races and Frogtown Races.
DATES: Comments and related material must be received by the Coast
Guard on or before June 9, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0714 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above; deliveries are
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LT Jennifer M. Disco, Response Department, Marine
Safety Unit Toledo, Coast Guard; telephone (419)418-6036, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
Sec. Section
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0714), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when the comment is
successfully transmitted. If you fax, hand deliver, or mail your
comment, it will be considered as having been received by the Coast
Guard when the comment is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0714) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0714) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of
[[Page 26662]]
our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
B. Regulatory History and Information
On September 10, 2012, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Special Local Regulation;
Partnership in Education Dragon Boat Race, Maumee River Toledo, OH in
the Federal Register (77 FR 55436; USCG-2012-0714). One public comment
was received in response to the September 10, 2012 NPRM publication in
the Federal Register, which will be addressed in the Discussion of
Proposed Rule section; a public meeting was not requested, and no
public meetings were held.
In this supplemental notice of proposed rulemaking, in addition to
amending 33 CFR part 100 for the Dragon Boat Race, we are proposing a
special local regulation for the Frogtown Races which is also conducted
on the Maumee River.
C. Basis and Purpose
Each year, two organized racing events take place on the Maumee
River. The Dragon Boat Races, in which participants paddle Hong Kong-
style Dragon Boats from International Park at approximate River Mile
4.45 to just south of the mouth of Swan Creek at approximate River Mile
4.77 on the Maumee River, Toledo, OH; and the Frogtown Races, in which
participants row 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, Toledo, OH. The Captain of the Port Detroit has
determined that these boat races, which are 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. Thus, the Captain of
the Port Detroit has determined it necessary to establish a permanent
Special Local Regulation around each location of these two races to
ensure the safety of persons and property at these annual events and to
help minimize the associated risks.
D. Discussion of Proposed Rule
The Captain of the Port Detroit proposes to establish the following
special local regulations:
Dragon Boat Races, Maumee River, Toledo, OH: In response to the
Dragon Boat Race 2012 NPRM, a commenter noted that a clause in the
preamble of the NPRM stated that ``the races will stop for oncoming
freighter or commercial traffic'' did not appear in the regulatory
text, but that it should. The Coast Guard concurs with this
recommendation, and has inserted this clause in the Dragon Boat
Festival SLR proposed regulatory text. See paragraph (c)(1) of proposed
Sec. 100.927.
The Dragon Boat Festival special local regulation would encompass
all navigable waters of the United States on the Maumee River, Toledo,
OH, bound by a line extending from a point on land just north of the
Cherry Street Bridge at position 41[deg]39'5.27'' N; 083[deg]31'34.01''
W straight across the river along the Cherry Street bridge to position
41[deg] 39'12.83'' N; 083[deg] 31'42.58'' W and a line extending from a
point of land just south of International Park at position
41[deg]38'46.62'' N; 083[deg]31'50.54'' W straight across the river to
the shore adjacent to position 41[deg]38'47.37'' N; 083[deg]32'2.05'' W
(NAD 83). It would be enforced annually on the third or fourth Saturday
in July. The exact dates and times would be issued annually via a
Notice of Enforcement.
Frogtown Races, Maumee River, Toledo, OH: This Special Local
Regulation would 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. It would be enforced
annually on the third or fourth Saturday in September. The exact dates
and times would be issued annually via a Notice of Enforcement.
E. Regulatory Analyses
We developed these proposed rules 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
These proposed rules are not significant regulatory actions under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and do not require assessments of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. They are not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that these proposed rules are not
significant regulatory actions because we anticipate that they 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 Special Local Regulations 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. Under
certain conditions, moreover, vessels may still transit through the
area when permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
These proposed rules would affect the following entities, some of
which may be small entities: the owners and operators of vessels
intending to transit or anchor in the areas designated as special local
regulations during the dates and times the special local regulations
are being enforced.
These proposed Special Local Regulations will not have a
significant economic impact on a substantial number of small entities
for the following reasons: These rules will be enforced for
approximately 12 hours the 1 day each is enforced annually. In
addition, on-scene representatives will allow vessels to transit along
the Western side of the river at a slow no wake speed. The race
committees will stop the races for any oncoming commercial traffic.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
[[Page 26663]]
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 proposed rule. If the proposed 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. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Commandant Instruction because it involves the establishment of a
special local regulation. A preliminary environmental analysis
checklist supporting this determination is 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 proposed rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 100.927 to read as follows:
Sec. 100.927 Special Local Regulations, Partnership in Education,
Dragon Boat Festival, Toledo, OH.
(a) Regulated area. The regulated area includes all U.S. navigable
waters of the Maumee River, Toledo, OH, between a line starting from a
point on land just north of the Cherry Street Bridge at position
41[deg]39'5.27'' N; 083[deg]31'34.01'' W straight across the river
along the Cherry Street bridge to position 41[deg]39'12.83'' N;
083[deg]31'42.58'' W and a line extending from a point of land just
south of International Park at position 41[deg]38'46.62'' N;
083[deg]31'50.54'' W straight across the river to the shore just south
of the mouth of Swan Creek at position 41[deg]38'47.37'' N;
083[deg]32'2.05'' W (NAD 83).
(b) Enforcement period. This section will be enforced annually on
the third or fourth Saturday of July. The exact dates and times would
be issued annually via a Notice of Enforcement.
(c) Special Local Regulations. (1) The Coast Guard will patrol the
regatta area under the direction of a designated Coast Guard Patrol
Commander. 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. Vessels will be operated at a no wake speed to reduce
the wake to a minimum, in a manner which will not endanger participants
in the event or any other craft and remain vigilant for event
participants and safety craft. Additionally, vessels must yield right-
of-way for event participants and event safety craft and must follow
directions given by the Coast Guard's Patrol Commander. The rules
contained in the above two sentences do not apply to participants in
the event or vessels of the patrol operating in the performance
[[Page 26664]]
of their assigned duties. Commercial vessels will have right-of-way
over event participants and event safety craft. The races will stop for
oncoming freighter or commercial traffic and will resume after the
vessel has completed its passage through the regulated area. The Patrol
Commander may direct the anchoring, mooring, or movement of any boat or
vessel within the regatta area. A succession of sharp, short signals by
whistle or horn from vessels patrolling the area under the direction of
the U.S. Coast Guard Patrol Commander shall serve as a signal to stop.
Vessels so signaled must stop and comply with the orders of the Patrol
Commander. Failure to do so may result in expulsion from the area,
citation for failure to comply, or both. The Patrol Commander may
establish vessel size and speed limitations and operating conditions
and may restrict vessel operation within the regatta area to vessels
having particular operating characteristics. The Patrol Commander may
terminate the marine event or the operation of any vessel at any time
it is deemed necessary for the protection of life and property.
(2) Patrol Commander means a Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port to
monitor a regatta area, permit entry into the regatta area, give
legally enforceable orders to persons or vessels within the regatta
area, and take other actions authorized by the Captain of the Port. The
Patrol Commander will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16
(156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''
0
3. Add Sec. 100.928 to read as follows:
Sec. 100.928 Special Local Regulations, Frogtown Race Regatta,
Toledo, OH.
(a) Regulated Area. 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) Enforcement period. This section will be enforced annually on
the third or fourth Saturday of September. The exact dates and times
would be issued annually via a Notice of Enforcement.
(c) Special Local Regulations. (1) The Coast Guard will patrol the
regatta area under the direction of a designated Coast Guard Patrol
Commander. 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. Vessels will be operated at a no wake speed to reduce
the wake to a minimum, in a manner which will not endanger participants
in the event or any other craft and remain vigilant for event
participants and safety craft. Additionally, vessels must yield right-
of-way for event participants and event safety craft and must follow
directions given by the Coast Guard's Patrol Commander. The rules
contained in the above two sentences do not apply to participants in
the event or vessels of the patrol operating in the performance of
their assigned duties. Commercial vessels will have right-of-way over
event participants and event safety craft. The races will stop for
oncoming freighter or commercial traffic and will resume after the
vessel has completed its passage through the regulated area. The Patrol
Commander may direct the anchoring, mooring, or movement of any boat or
vessel within the regatta area. A succession of sharp, short signals by
whistle or horn from vessels patrolling the area under the direction of
the U.S. Coast Guard Patrol Commander shall serve as a signal to stop.
Vessels so signaled must stop and comply with the orders of the Patrol
Commander. Failure to do so may result in expulsion from the area,
citation for failure to comply, or both. The Patrol Commander may
establish vessel size and speed limitations and operating conditions
and may restrict vessel operation within the regatta area to vessels
having particular operating characteristics. The Patrol Commander may
terminate the marine event or the operation of any vessel at any time
it is deemed necessary for the protection of life and property.
(2) Patrol Commander means a Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port to
monitor a regatta area, permit entry into the regatta area, give
legally enforceable orders to persons or vessels within the regatta
area, and take other actions authorized by the Captain of the Port. The
Patrol Commander will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16
(156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''
Dated: April 28, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-10625 Filed 5-8-14; 8:45 am]
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