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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25074 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

Entry into, transiting, or anchoring 

within the regulated area is prohibited 

unless authorized by the Captain of the 

Port Detroit or his designated on scene 

representative. The Captain of the Port 

or his designated on scene 

representative may be contacted via 

VHF Channel 16. 

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. 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this 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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The Coast Guard’s use of this special 

local regulation will be of relatively 

short duration, and it is designed to 

minimize the impact on navigation. 

Moreover, vessel may, when 

circumstances allow, obtain permission 

from the Captain of the Port to transit 

through the area affected by this special 

local regulations. Overall, the Coast 

Guard expects insignificant adverse 

impact to mariners from the 

enforcement of this special local 

regulation. 

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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

this portion of the Trenton Channel near 

Wyandotte, MI between 7:30 a.m. until 

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

This special local regulation will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: This rule will 

only be in effect and enforced for nine 

hours on one day. The race event will 

be temporarily stopped for any deep 

draft vessels transiting through the 

shipping lanes. The Coast Guard will 

give notice to the public via a Broadcast 

Notice to Mariners that the regulation is 

in effect, allowing vessel owners and 

operators to plan 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 

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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

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. 

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. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25075 

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. 

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 a special local regulation 

issued in conjunction with a regatta or 

marine parade, therefore (34)(h) of the 

Instruction applies. 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. Add § 100.35T09–0340 to read as 

follows: 

§ 100.35T09–0340 Special Local 

Regulation; Hebda Cup Rowing Regatta, 

Wyandotte, MI. 

(a) Regulated area. A regulated area is 

established to include all waters of the 

Trenton Channel in the Detroit River, 

Wyandotte, Michigan, 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. All geographic coordinates 

are North American Datum of 1983 

(NAD 83). 

(b) Special local regulation. No vessel 

may enter, transit through, or anchor 

within the regulated area without the 

permission of the Coast Guard Patrol 

Commander. 

(c) Enforcement period. This 

regulation will be enforced from 7:30 

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

(d) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. Vessel operators given permission to 

enter or operate in the regulated area 

must comply with all directions given to 

them by the Coast Guard Patrol 

Commander. 

Dated: April 16, 2012. 

J.E. Ogden, 

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

Port Detroit. 

[FR Doc. 2012–10254 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–2012–0170] 

RIN 1625–AA08 

Special Local Regulation; Galveston 

Bay, Kemah, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation in Galveston Bay in the 

vicinity of Kemah, Texas. This 

temporary special local regulation is 

necessary to provide for the safety of 

swimmers participating in the Memorial 

Hermann Kemah Triathlon. All vessels 

will be prohibited from transiting in or 

near the area except as specifically 

authorized by the Captain of the Port or 

a designated representative. 

DATES: This rule is effective on April 29, 

2012 from 6 a.m. until 12 noon. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0170 and are available online by going 

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

USCG–2012–0170 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 

rule, call or email LT Margaret Brown, 

Coast Guard; telephone 713–678–9001, 

email Margaret.A.Brown@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. The intended 

date for this charitable event is April 29, 

2012. Publishing an NPRM is 

impracticable because it would delay 

the effective date for this special local 

regulation. 

This event and special local 

regulation are part of a Direct Final Rule 

(DFR) creating a list of annually 

recurring special local regulations under 

33 CFR part 100, taking place in the 

Eighth Coast Guard District. The DFR 

published in the Federal Register on 

March 1, 2012, (77 FR 12456), provides 

for a comment period and is scheduled 

to go into effect May 30, 2012 which is 

after the April 29, 2012 scheduled date 

for this event. A comment period is 

provided in the DFR, but awaiting the 

DFR effective date and delaying or 

foregoing the special local regulation 

needed for the safety of triathlon 

participants would be contrary to public 

interest. 

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. 

Immediate action is needed to protect 

swimmers participating in the Memorial 

Hermann Kemah Triathlon. 

Basis and Purpose 

The swimming portion of the 

Memorial Hermann Triathlon will 

feature swimmers entering the water 

from a vessel and swimming 

approximately one mile to shore. This 

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