Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14963 

TABLE TO § 100.501—Continued 

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

Number Date Event Sponsor Location 

21 ....... July 14 and 15, 2012 Bo Bowman Memorial—Sharptown 

Regatta.

Virginia/Carolina 

Racing Assn.

All waters of the Nanticoke River, near Sharptown, Maryland, 

between Maryland S.R. 313 Highway Bridge and Nanticoke 

River Light 43 (LLN–24175), bounded by a line drawn between the following points: southeasterly from latitude 

38°32′46′′ N, longitude 075°43′14′′ W, to latitude 38°32′42′′ 

N, longitude 075°43′09′′ W, thence northeasterly to latitude 

38°33′04′′ N, longitude 075°42′39′′ W, thence northwesterly 

to latitude 38°33′09′′ N, longitude 075°42′44′′ W, thence 

southwesterly to latitude 38°32′46′′ N, longitude 075°43′14′′ 

W. 

22 ....... June 9 and 10, 2012 Thunder on the Narrows.Kent Narrows Racing 

Association.

All waters of Prospect Bay enclosed by the following points: 

Latitude 38°57′52.0′′ N, longitude 076°14′48.0′′ W, to latitude 

38°58′02.0′′ N, longitude 076°15′05.0′′ W, to latitude 

38°57′38.0′′ N, longitude 076°15′29.0′′ W, to latitude 

38°57′28.0′′ N, longitude 076°15′23.0′′ W, to latitude 

38°57′52.0′′ N, longitude 076°14′48.0′′ W. 

*******

Dated: February 23, 2012. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2012–5967 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0030] 

RIN 1625–AA08 

Special Local Regulation; Moss Point 

Rockin’ the Riverfront Festival; 

O’Leary Lake; Moss Point, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for a portion of O’Leary Lake, 

Moss Point, MS, on April 28–29, 2012. 

This action is necessary for the 

safeguarding of participants and 

spectators, including crews, vessels, and 

persons on navigable waters during the 

Moss Point Rockin’ the Riverfront 

Festival high speed boat races. Entry 

into, transiting in or anchoring in this 

area is prohibited to all vessels not 

registered with the sponsor as 

participants or not part of the regatta 

patrol, unless specifically authorized by 

the Captain of the Port (COTP) Mobile 

or a designated representative. 

DATES: This rule is effective from 11 

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

April 29, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0030 and are available online by going 

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

USCG–2012–0030 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 

and U.S. Coast Guard Sector Mobile 

(spw), Building 102, Brookley Complex 

South Broad Street Mobile, AL 36615, 

between 8 a.m. and 3:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LT Lenell J. Carson, 

Coast Guard Sector Mobile, Waterways 

Division; telephone 251–441–5940 or 

email Lenell.J.Carson@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) 

or providing a comment period with 

respect to this rule. The Coast Guard 

received an application for a Marine 

Event Permit on December 23, 2011 

from the Moss Point Main Street 

Association to conduct a high speed 

boat race. After reviewing the details of 

the event and the permit application, 

the Coast Guard determined that a 

special local regulation is needed. 

Delaying or foregoing this safety 

measure to provide a comment period 

would be contrary to the public interest. 

The special local regulation is needed to 

safeguard persons and vessels from 

safety hazards associated with the Moss 

Point Rockin’ the Riverfront Festival 

high speed boat races. The Coast Guard 

believes that the public’s desire to have 

the race at the scheduled time is greater 

than the imposition on navigation 

which this regulation will impose, and 

that the public interest favors enacting 

this regulation without publishing an 

NPRM. 

Basis and Purpose 

The Moss Point Main Street 

Association applied for a Marine Event 

Permit to conduct a high speed boat race 

on O’Leary Lake, Moss Point, MS on 

April 28–29, 2012. This event will draw 

in a large number of pleasure craft and 

the high speed boats pose a significant 

safety hazard to both vessels and 

mariners operating in or near the area. 

The COTP Mobile is establishing a 

temporary special local regulation for a 

portion of O’Leary Lake, Moss Point, 

MS, to safeguard persons and vessels 

during the high speed boat races. 


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14964 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

The COTP anticipates minimal impact 

on vessel traffic due to this regulation. 

However, this special local regulation is 

deemed necessary for the safeguard of 

life and property within the COTP 

Mobile zone. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation for a 

portion of O’Leary Lake, Moss Point, 

MS, enclosed by a bounded area starting 

at a point on the shore at approximately 

30°25′11.0′′ N, 088°32′24.4′′ W, then east 

to 30°25′12.9′′ N, 088°32′18.0′′ W, then 

south to 30°24′50.9′′ N, 088°32′09.6′′ W, 

then west following the shore line back 

to the starting point at 30°25′11.0′′ N, 

088°32′24.4′′ W. This temporary rule 

will safeguard life and property in this 

area. Entry into, transiting in or 

anchoring in this zone is prohibited to 

all vessels not registered with the 

sponsor as participants or not part of the 

regatta patrol, unless specifically 

authorized by the COTP Mobile or a 

designated representative. They may be 

contacted on VHF–FM Channel 16 or 

through Coast Guard Sector Mobile at 

251–441–5976. 

The COTP Mobile or a designated 

representative will inform the public 

through broadcast notice to mariners of 

changes in the effective period for the 

special local regulation. This rule is 

effective from 11 a.m. until 4 p.m. on 

April 28–29, 2012. 

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 that Executive Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

that those Orders. 

The special local regulation listed in 

this rule will only restrict vessel traffic 

from entering, transiting, or anchoring 

within a small portion of O’Leary Lake, 

Moss Point, MS. The effect of this 

regulation will not be significant for 

several reasons: (1) This rule will only 

affect vessel traffic for a short duration; 

(2) vessels may request permission from 

the COTP to transit through the 

regulated area; and (3) the impacts on 

routine navigation are expected to be 

minimal. Notifications to the marine 

community will be made through 

broadcast notice to mariners. These 

notifications will allow the public to 

plan operations around the regulated 

area. 

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. However, 

when an agency is not required to 

publish an NPRM for a rule, the RFA 

does not require an agency to prepare a 

regulatory flexibility analysis. The Coast 

Guard was not required to publish an 

NPRM for this rule for the reasons stated 

in the section titled ‘‘Regulatory 

Information’’ and therefore is not 

required to publish a regulatory 

flexibility analysis. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

affected portions of O’Leary Lake during 

the high speed boat races. This special 

local regulation will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The zone is 

limited in size, is of short duration and 

vessel traffic may request permission 

from the COTP Mobile or a designated 

representative to enter or transit through 

the regulated area. 

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 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 

have determined that it does not have 

implications for federalism. 

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 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 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14965 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

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 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 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 § 100.35T08–0030 to read as 

follows: 

§ 100.35T08–0030 Special Local 

Regulation; O’Leary Lake; Moss Point, MS. 

(a) Regulated Area. The following area 

is a regulated area: a portion of O’Leary 

Lake, Moss Point, MS, enclosed by a 

bounded area starting at a point on the 

shore at approximately 30°25′11.0′′ N, 

088°32′24.4′′ W, then east to 30°25′12.9′′ 

N, 088°32′18.0′′ W, then south to 

30°24′50.9′′ N, 088°32′09.6′′ W, then 

west following the shore line back to the 

starting point at 30°25′11.0′′ N, 

088°32′24.4′′ W. 

(b) Enforcement dates. This rule will 

be enforced from 11 a.m. until 4 p.m. on 

April 28–29, 2012. 

(c) Special Local Regulations. 

(1) The Coast Guard will patrol the 

regulated area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM’’. 

(2) All Persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Captain of the Port 

Mobile to patrol the regulated area. 

(3) Spectator 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 and will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the regulated 

area as well as any changes in the 

planned schedule. 

Dated: February 8, 2012. 

D.J. Rose, 

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

Port Mobile. 

[FR Doc. 2012–5968 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0083] 

RIN 1625–AA08 

Special Local Regulations; Red Bull 

Candola, New River, Fort Lauderdale, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of the New River between the 

Esplanade Park and slightly east of the 

South Andrews Avenue Bascule Bridge 

in Fort Lauderdale, Florida for the Red 

Bull Candola rowing event. The event is 


pstrozier on DSK7SPTVN1PROD with RULES