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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25076 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

special local regulation provides a 

protected area for the swimmers from 

recreational and other vessels that might 

be in the area. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation in 

Galveston Bay. The area regulated 

begins 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. This rule is 

established to allow for the safety of 

swimmers participating in a triathlon. 

Vessels will not be allowed to transit 

within the designated area immediately 

before, during, and after the swim 

portion of the triathlon. 

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. 

This regulation will only be in effect 

for six hours. Notifications to the marine 

community will be made through 

broadcast notice to mariners and 

electronic mail. The special local 

regulation will not affect channel 

navigation and will only affect few 

recreational vessels. The impacts on 

routine navigation are expected to be 

minimal. 

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 will not affect small entities 

because the special local regulation does 

not inhibit navigation. Recreational 

vessels may navigate around the 

restricted area. If you are a small 

business entity and are significantly 

affected by this regulation please 

contact LT Margaret Brown, Coast 

Guard Sector Houston-Galveston, at 

(713) 678–9001. 

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 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 effect 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. 

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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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