25070 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

through (11) of this section do not apply 

to any new activities carried out by the 

Department of Defense that do not have 

the potential for any significant adverse 

impacts on Sanctuary resources or 

qualities. Such activities shall be carried 

out in a manner that minimizes any 

adverse impact on Sanctuary resources 

and qualities. New activities with the 

potential for significant adverse impacts 

on Sanctuary resources or qualities may 

be exempted from the prohibitions in 

paragraphs (a)(2) through (11) of this 

section by the Director after 

consultation between the Director and 

the Department of Defense. If it is 

determined that an activity may be 

carried out, such activity shall be 

carried out in a manner that minimizes 

any adverse impact on Sanctuary 

resources and qualities. 

(2) In the event of threatened or actual 

destruction of, loss of, or injury to a 

Sanctuary resource or quality resulting 

from an untoward incident, including 

but not limited to spills and groundings, 

caused by a component of the 

Department of Defense, the cognizant 

component shall promptly coordinate 

with the Director for the purpose of 

taking appropriate actions to respond to 

and mitigate the harm and, if possible, 

restore or replace the Sanctuary 

resource or quality. 

(f) The prohibitions in paragraphs 

(a)(2) through (11) of this section do not 

apply to any activity executed in 

accordance with the scope, purpose, 

terms, and conditions of a National 

Marine Sanctuary permit issued 

pursuant to § 922.48 and § 922.123 or a 

Special Use permit issued pursuant to 

section 310 of the Act. 

(g) The prohibitions in paragraphs 

(a)(2) through (11) of this section do not 

apply to any activity authorized by any 

lease, permit, license, approval or other 

authorization issued after January 18, 

1994, provided that the applicant 

complies with § 922.49, the Director 

notifies the applicant and authorizing 

agency that he or she does not object to 

issuance of the authorization, and the 

applicant complies with any terms and 

conditions the Director deems necessary 

to protect Sanctuary resources and 

qualities. 

(h) Notwithstanding paragraphs (f) 

and (g) of this section, in no event may 

the Director issue a National Marine 

Sanctuary permit under § 922.48 and 

§ 922.123 or a Special Use permit under 

section 10 of the Act authorizing, or 

otherwise approve, the exploration for, 

development of, or production of oil, 

gas, or minerals in a no-activity zone. 

Any leases, permits, approvals, or other 

authorizations authorizing the 

exploration for, development of, or 

production of oil, gas, or minerals in a 

no-activity zone and issued after the 

January 18, 1994 shall be invalid. 

■ 4. Amend § 922.123 by revising 

paragraphs (a) through (c) as follows: 

§ 922.123 Permit procedures and criteria. 

(a) A person may conduct an activity 

prohibited by § 922.122(a)(2) through 

(11) if conducted in accordance with the 

scope, purpose, terms, and conditions of 

a permit issued under this section and 

§ 922.48. 

(b) Applications for such permits 

should be addressed to the Director, 

Office of National Marine Sanctuaries; 

Attn: Superintendent, Flower Garden 

Banks National Marine Sanctuary, 4700 

Avenue U, Building 216, Galveston, TX 

77551. 

(c) The Director, at his or her 

discretion, may issue a permit, subject 

to such terms and conditions as he or 

she deems appropriate, to conduct an 

activity prohibited by § 922.122(a)(2) 

through (11), if the Director finds that 

the activity will: Further research 

related to Sanctuary resources; further 

the educational, natural or historical 

resource value of the Sanctuary; further 

salvage or recovery operations in or near 

the Sanctuary in connection with a 

recent air or marine casualty; or assist 

in managing the Sanctuary. In deciding 

whether to issue a permit, the Director 

shall consider such factors as: The 

professional qualifications and financial 

ability of the applicant as related to the 

proposed activity; the duration of the 

activity and the duration of its effects; 

the appropriateness of the methods and 

procedures proposed by the applicant 

for the conduct of the activity; the 

extent to which the conduct of the 

activity may diminish or enhance 

Sanctuary resources and qualities; the 

cumulative effects of the activity; and 

the end value of the activity. In 

addition, the Director may consider 

such other factors as he or she deems 

appropriate. 

* * * * * 

[FR Doc. 2012–10093 Filed 4–26–12; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0046] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District, Ocean City 

Maryland Offshore Grand Prix, Ocean 

City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period for a special local regulation for 

one recurring marine event in the Fifth 

Coast Guard District, specifically, the 

‘‘Ocean City Maryland Offshore Grand 

Prix,’’ hydroplane races on the North 

Atlantic Ocean near Ocean City, 

Maryland. The event consists of 

approximately 50 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course, this regulation is necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in portions of the North Atlantic 

Ocean near Ocean City, Maryland 

during the event. 

DATES: This rule is effective from 

11 a.m. to 5 p.m. on May 13, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket are part 

of docket USCG–2012–0046 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2012–0046 in the ‘‘Search’’ 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 LCDR Hector Cintron, 

Waterways Management Division Chief, 

Sector Hampton Roads, Coast Guard; 

telephone 757–668–5581, email 

Hector.L.Cintron@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25071 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 16, 2012, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulation for 

Marine Events; Temporary Change of 

Dates for Recurring Marine Events in the 

Fifth Coast Guard District, Ocean City 

Maryland Offshore Grand Prix, Ocean 

City, Maryland in the Federal Register 

(77 FR 15647). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment during the fireworks 

event; therefore, a 30-day delayed 

effective date is impracticable. Delaying 

the effective date would be contrary to 

the regulation’s intended objectives of 

protecting persons and vessels involved 

in the event, and enhancing public and 

maritime safety. 

Background and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday parades. 

For a description of the geographical 

area of each Coast Guard Sector— 

Captain of the Port Zone, please see 33 

CFR 3.25. 

This regulation will temporarily 

change the enforcement period of 

special local regulations for one 

recurring marine event within the Fifth 

Coast Guard District. This regulation 

applies to one marine event in 33 CFR 

100.501, Table to § 100.501. 

The Offshore Performance 

Association (OPA) Racing LLC annually 

sponsors the ‘‘Ocean City Maryland 

Offshore Grand Prix’’, on the waters of 

the North Atlantic Ocean near Ocean 

City, Maryland. This year, the event will 

be held on May 13, 2012. The regulation 

at 33 CFR 100.501 is effective annually 

for the Ocean City Offshore Challenge 

marine event. The event consists of 

approximately 50 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course. A fleet of spectator vessels is 

expected to gather near the event site to 

view the competition. Therefore, to 

ensure the safety of participants, 

spectators, support and transiting 

vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the hydroplane races. 

The regulation at 33 CFR 100.501 would 

be enforced for the duration of the 

event. Under the provisions of 33 CFR 

100.501, from 11 a.m. to 5 p.m. on May 

13, 2012, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing a safety 

zone on specified waters on the North 

Atlantic Ocean, Ocean City, Maryland. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation on 

specified waters of the North Atlantic 

Ocean, in Ocean City, Maryland. The 

regulated area will be established in the 

interest of public safety during the 

‘‘Ocean City Offshore Grand Prix’’, and 

will be enforced from 11 a.m. to 5 p.m. 

on May 13, 2012. The Coast Guard, at 

its discretion, when practical will allow 

the passage of vessels when races are 

not taking place. Except for participants 

and vessels authorized by the Captain of 

the Port or his Representative, no person 

or vessel may enter or remain in the 

regulated area. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 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. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

Although this rule prevents traffic from 

transiting a portion of certain waterways 

during specified times, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 

area will be in effect and the extensive 

advance notifications that will be made 

to the maritime community via marine 

information broadcasts, local radio 

stations and area newspapers so 

mariners can adjust their plans 

accordingly. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 

Table to § 100.501. In some cases vessel 

traffic may be able to transit the 

regulated area when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

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. 

The rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor on 

the North Atlantic Ocean in the vicinity 

of Ocean City, Maryland from 11 a.m. 

until 5 p.m. on May 13, 2012. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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. 

This regulation will not have a 

significant impact on a substantial 

number of small entities because: (i) It 

will be enforced only for a short period 

of time one day; (ii) vessels may be 

granted the opportunity to transit the 

regulated area during the period of 

enforcement if the Patrol Commander 

deems it safe to do so; (iii) vessels may 

transit around the regulated area; and 

(iv) before the enforcement period, the 

Coast Guard will issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

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 

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25072 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

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

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. 

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. 

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. 

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 rule is not a ‘‘significant energy 

action’’ under Executive Order 12866 

and is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.501: 

■ a. Suspend line No. (c).7 in the Table 

to § 100.501. 

■ b. Add temporary line No.(c.)24 in 

Table to § 100.501 to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 

TABLE TO § 100.501 

[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983] 

Number Date Event Sponsor Location 

(c.) Coast Guard Sector Hampton Roads—COTP Zone 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25073 

TABLE TO § 100.501—Continued 

[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983] 

Number Date Event Sponsor Location 

*******

24 ......... May 13, 2012 ... Ocean City Maryland Offshore 

Grand Prix.

Offshore Performance Assn. 

Racing, LLC.

The waters of the Atlantic Ocean commencing at a point on the shoreline 

at latitude 38°25′42′′ N, longitude 075°03′06′′ W; thence east southeast 

to latitude 38°25′30′′ N, longitude 075°02′12′′ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12′′ N, longitude 075°03′48′′ W; thence west northwest to the shoreline at latitude 

38°19′30′′ N, longitude 075°05′00′′ W. The waters of the Atlantic 

Ocean bounded by a line drawn from a position along the shoreline 

near Ocean City, MD at latitude 38°22′25.2′′ N, longitude 075°03′49.4′′ 

W, thence easterly to latitude 38°22′00.4′′ N, longitude 075°02′34.8′′ 

W, thence southwesterly to latitude 38°19′35.9′′ N, longitude 

075°03′35.4′′ W, thence westerly to a position near the shoreline at 

latitude 38°20′05′′ N, longitude 075°04′48.4′′ W, thence northerly along 

the shoreline to the point of origin. 

* * * * * 

Dated: April 18, 2012. 

Mark S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2012–10258 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0340] 

RIN 1625–AA08 

Special Local Regulation; Hebda Cup 

Rowing Regatta, Trenton Channel; 

Detroit River, Wyandotte, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation on the Trenton Channel of 

the Detroit River, Wyandotte, Michigan. 

This action is necessary and intended to 

ensure safety of life on the navigable 

waters immediately prior to, during, and 

immediately after the Hebda Cup 

Rowing Regatta. This special local 

regulation will establish restrictions 

upon, and control movement of, vessels 

in a portion of the Trenton Channel. 

During the enforcement period, no 

person or vessel may enter the regulated 

area without permission of the Captain 

of the Port. 

DATES: This rule is effective from 7:30 

a.m. until 4:30 p.m. on April 28, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0340 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0340 in the ‘‘Search’’ 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 Adrian 

Palomeque, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

313–568–9508, email 

Adrian.F.Palomeque@uscg.mil. 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 because waiting 

for a notice and comment period to run 

would be impracticable and contrary to 

the public interest. The final details of 

this boat race were not received in 

sufficient time for the Coast Guard to 

solicit public comments before the start 

of the event. Thus, delaying this 

temporary rule to wait for a notice and 

comment period to run would be 

impracticable and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect the 

public from the hazards associated with 

this boat race, which are discussed 

further below. 

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 the effective date of 

this rule would be impracticable and 

contrary to public interest for the same 

reasons discussed in the preceding 

paragraph. 

Background and Purpose 

On April 28, 2012, the Wyandotte 

Boat Club is holding a rowing race that 

will require the immediate area to be 

clear of all vessel traffic. The rowing 

race will occur between 7:30 a.m. until 

4:30 p.m. on April 28, 2012. The 

Captain of the Port Detroit has 

determined that the likely combination 

of recreation vessels, commercial 

vessels, and large numbers of spectators 

in close proximity to the boat race along 

the water could easily result in serious 

injuries or fatalities. 

Discussion of Rule 

In light of the aforesaid hazards, the 

Captain of the Port Detroit has 

determined that a special local 

regulation is necessary to protect 

spectators, vessels, and participants. 

The special local regulation will 

encompass all waters, starting at a point 

on land at position 42°10′58′′ N, 

083°9′13′′ W; following the Trenton 

Channel north to position 42°11′44′′ N, 

083°8′56′′ W; and will be enforced on 

April 28, 2012, from 7:30 a.m. until 

4:30 p.m. All geographic coordinates are 

North American Datum of 1983 (NAD 

83). 

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