Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25077 

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 establishing a special local 

regulation, requiring a permit wherein 

an analysis of the environmental impact 

of the regulations was performed. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for 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 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. A new temporary § 100.35T08–0170 

is added to read as follows: 

§ 100.35T08–0170 Special Local 

Regulation; Galveston Bay, Kemah, TX 

(a) Location. Under this temporary 

rule, the following area is a regulated 

area: Galveston Bay, beginning at 

Latitude 29°32′38.02′′ N, Longitude 

095°00′58.30′′ W thence east to Latitude 

29°32′46.73′′ N, Longitude 094°59′50.36′′ 

W, thence south to Latitude 

29°32′36.98′′ N, Longitude 094°59′50.32′′ 

W, thence west to 29°32′30.86′′ N, 

Longitude 095°00′56.91′′ W thence along 

the shoreline to the point of beginning. 

(b) Enforcement date. This temporary 

rule will be enforced from 6 a.m. to 

12 noon on April 29, 2012. 

(c) Special local regulations. (1) In 

accordance with the general regulations 

in § 100.35 of this part, entry into this 

area is prohibited immediately before, 

during and immediately following the 

swimming portion of this triathlon 

event. 

(2) Vessels shall not transit through or 

within the restricted area during the 

swimming portion of the triathlon 

event. 

(3) No vessel shall anchor, block, 

loiter, or impede the swimming portion 

of this triathlon event. 

(4) Persons or vessels requiring 

deviation from these restrictions must 

request permission from the Captain of 

the Port Houston-Galveston, or a 

designated representative. They may be 

contacted at ‘‘Sector HoustonGalveston’’ on VHF–FM Channels 16, or 

by phone at (713) 671–5113. Requests to 

deviate from these restrictions will be 

reviewed on a case-by-case basis. 

(5) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Houston-Galveston 

and designated on-scene U.S. Coast 

Guard patrol personnel. On-scene U.S. 

Coast Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Informational Broadcasts. 

Notifications of changes in enforcement 

periods and changes to this special local 

regulation will be made through Vessel 

Traffic Services and broadcast notice to 

mariners. 

Dated: April 16, 2012. 

J.H. Whitehead, 

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

Port Houston-Galveston. 

[FR Doc. 2012–10255 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–2012–0342] 

RIN 1625–AA08 

Special Local Regulation; Wy-Hi 

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 Wy-Hi 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 May 5, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0342 and are available online by going 

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

USCG–2012–0342 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 regatta 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 event, which are discussed in 

further detail below. Alternately, 

delaying this temporary rule would 

require the event sponsor and 

participants to reschedule, which is 

contrary to the public interest of 

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25078 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

allowing this event to go on as 

scheduled. 

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 May 5, 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 May 5, 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 

rowing regatta 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 

May 5, 2012, from 7:30 a.m. until 

4:30 p.m. All geographic coordinates are 

North American Datum of 1983 (NAD 

83). 

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 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. 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. On the whole, the 

Coast Guard expects insignificant 

adverse impact to mariners from the 

enforcement of this special local 

regulation. 

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. 

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 May 5, 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

INTFORMATION 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 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25079 

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. 

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 § 100.35T09–0342 to read as 

follows: 

§ 100.35T09–0342 Special Local 

Regulation; Wy-Hi 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 May 5, 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. 2012–10256 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0280] 

Drawbridge Operation Regulation; 

Lake Washington Ship Canal, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Montlake 

Bridge across the Lake Washington Ship 

Canal, mile 5.2, at Seattle, WA. This 

deviation is necessary to accommodate 

the Beat the Bridge charity foot race 

scheduled for Sunday, May 20, 2012. 

This deviation allows the bridge to 

remain in the closed position to allow 

safe movement of event participants. 

DATES: This deviation is effective from 

7:30 a.m. on May 20, 2012 through 9 

a.m. May 20, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0280 and are available online by going 

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

USCG–2012–0280 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 rule, call or 

email the Bridge Administrator, Coast 

Guard Thirteenth District; telephone 

206–220–7282 email 

randall.d.overton@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Washington State Department of 

Transportation has requested that the 

Montlake Bridge remain closed to vessel 

traffic to facilitate safe passage of 

participants of the Beat the Bridge 

charity event. Beat the Bridge is an 

annual foot race held in Seattle, WA to 

benefit diabetes research. The race 

course passes over the Montlake Bridge. 

The Montlake Bridge crosses the Lake 

Washington Ship Canal at mile 5.2 and 

while in the closed position provides 30 

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