Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14959 

through the DoD IASP unless a waiver, 

in whole or in part, is granted by the 

DoD IASP Executive Administrator. 

Dated: February 29, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–6163 Filed 3–13–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0071] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; Temporary Change of Dates for 

Recurring Marine Events in the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

periods of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to three recurring marine events 

that conduct a rowing regatta and power 

boat races. Special local regulations are 

necessary to provide for the safety of life 

on navigable waters during these events. 

This action is intended to restrict vessel 

traffic in a portion of the Severn River 

at Annapolis, MD, the Nanticoke River 

at Sharptown, MD, and Prospect Bay at 

Kent Island, MD during the events. 

DATES: This rule is effective from March 

24, 2012 through July 15, 2012. 

Comments and related material must 

reach the Coast Guard on or before April 

13, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0071 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email Ronald L. 

Houck, Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0071), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0071’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0071’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim 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 


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14960 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

‘‘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 

delaying the effective date by first 

publishing an NPRM would be contrary 

to the public interest, since immediate 

action is needed to ensure the safety of 

the event participants, patrol vessels, 

spectator craft and other vessels 

transiting the event areas. The potential 

dangers posed by persons and vessels 

operating in close proximity to 

relatively small rowing vessels and 

high-powered racing vessels in 

restricted waterways make special local 

regulations necessary. However, the 

Coast Guard will provide advance 

notifications to users of the effected 

waterways via marine information 

broadcasts and local notice to mariners. 

In addition, publishing an NPRM is 

unnecessary because these events are 

annual events which mariners should be 

aware of taking place, as they are 

noticed in the Federal Register. If 

mariners had concerns about these 

events taking place, they are on notice 

throughout the year of the events and 

can object to or comment about the 

events at any time. When the NPRM, 

including the table to § 100.501 listing 

all of the annual events, was made 

available for comment, there were no 

objections to these events. 

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. The potential dangers posed 

by persons and vessels operating in 

close proximity to relatively small 

rowing vessels and high-powered racing 

vessels in a restricted waterways make 

special local regulations necessary. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

patrol vessels, spectator craft and other 

vessels transiting the event area. In 

addition, publishing an NPRM is 

unnecessary because these events are 

annual events which mariners should be 

aware of taking place, as they are 

noticed in the Federal Register. If 

mariners had concerns about these 

events taking place, they are on notice 

throughout the year of the events and 

can object to or comment about the 

events at any time. When the NPRM, 

including the table to § 100.501 listing 

all of the annual events, was made 

available for comment, there were no 

objections to these events. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The activities that typically 

comprise marine events include: sailing 

regattas, power boat races, swim races 

and holiday parades. The regulation 

listing annual marine events within the 

Fifth Coast Guard District and their 

regulated dates is 33 CFR 100.501. A 

table to § 100.501 identifies marine 

events by Captain of the Port zone. For 

a description of the geographical area of 

each Coast Guard Sector—Captain of the 

Port Zone, please see 33 CFR 3.25. 

Because event planners notified the 

Coast Guard of date changes to three 

marine events previously published in 

the special local regulations for 

recurring marine events within the Fifth 

Coast Guard District at 33 CFR 100.501, 

Table to § 100.501, this regulation 

temporarily changes the enforcement 

periods for these three marine events in 

2012 only. 

The first event is the annual ‘‘USNA 

Crew Races,’’ sponsored by the U.S. 

Naval Academy, on the waters of the 

Severn River at Annapolis, MD. The 

regulation at 33 CFR 100.501 is effective 

annually for the USNA Crew Races 

marine events. The events consist of 

collegiate rowing competitions on the 

waters of the Severn River in Annapolis, 

Maryland. Participants operate on 

2,000-meter marked courses with 

sponsor-provided motor launches. 

Therefore, to ensure the safety of 

participants and support vessels, 33 

CFR 100.501 is enforced for the duration 

of the event. Currently, under the 

provisions of 33 CFR 100.501, from 

6 a.m. to 9:30 a.m. on March 24, 2012, 

vessels may not enter the regulated area 

unless they receive permission from the 

Coast Guard Patrol Commander. Vessel 

traffic may be allowed to transit the 

regulated area only when the Patrol 

Commander determines it is safe to do 

so. 

The second event is the annual ‘‘Bo 

Bowman Memorial—Sharptown 

Regatta,’’ sponsored by the Virginia/ 

Carolina Racing Association, on the 

waters of the Nanticoke River at 

Sharptown, MD. The regulation at 33 

CFR 100.501 is effective annually for the 

Bo Bowman Memorial—Sharptown 

Regatta marine event. The event consists 

of two days of power boat racing on the 

waters of the Nanticoke River, at 

Sharptown, Maryland. High 

performance power boats will race on a 

designated course before a large fleet of 

spectator crafts. Therefore, to ensure the 

safety of participants and support 

vessels, 33 CFR 100.501 is enforced for 

the duration of the event. Currently, 

under the provisions of 33 CFR 100.501, 

from 9 a.m. to 6 p.m. on July 14, 2012 

and from 9 a.m. to 6 p.m. on July 15, 

2012, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic may be 

allowed to transit the regulated area 

only when the Patrol Commander 

determines it is safe to do so. 

The third event is the annual 

‘‘Thunder on the Narrows,’’ sponsored 

by the Kent Narrows Racing 

Association, on the waters of Prospect 

Bay at Kent Island, MD. The regulation 

at 33 CFR 100.501 is effective annually 

for the Thunder on the Narrows marine 

event. The event consists of two days of 

power boat racing on the waters of 

Prospect Bay, at Kent Island, Maryland. 

High performance power boats will race 

on a designated course before a large 

fleet of spectator crafts. Therefore, to 

ensure the safety of participants and 

support vessels, 33 CFR 100.501 is 

enforced for the duration of the event. 

Currently, under the provisions of 33 

CFR 100.501, from 9:30 a.m. to 6:30 

p.m. on June 9, 2012 and from 9:30 a.m. 

to 6:30 p.m. on June 10, 2012, vessels 

may not enter the regulated area unless 

they receive permission from the Coast 

Guard Patrol Commander. Vessel traffic 

may be allowed to transit the regulated 

area only when the Patrol Commander 

determines it is safe to do so. 

Discussion of Rule 

The Coast Guard is temporarily 

changing the enforcement periods of 

special local regulations for recurring 

marine events within the Fifth Coast 

Guard District published at 33 CFR 

100.501. This temporary interim rule 

only applies to the marine events below. 

Severn River, Annapolis, MD 

The Table to § 100.501, event No. (b.)2 

establishes the enforcement date for the 

USNA Crew Races. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘March—last 

Friday, Saturday and Sunday; April and 

May—every Friday, Saturday and 

Sunday’’ to ‘‘March 24, 2012, April 14, 

2012 and April 21, 2012.’’ The U.S. 

Naval Academy, which is the sponsor 

for this event, intends to hold this event 

annually; however, they have changed 

the date of the event for 2012 so that it 

is outside the scope of the existing 

enforcement period. Due to the need for 

vessel control while participating 

rowing vessels are racing on the Severn 

River, vessel traffic would be 

temporarily restricted to provide for the 

safety of participants, spectators and 

transiting vessels. 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14961 

Nanticoke River, Chestertown, MD 

The Table to § 100.501, event No. 

(b.)10 establishes the enforcement date 

for the Bo Bowman Memorial— 

Sharptown Regatta. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘June—last 

Saturday and Sunday’’ to ‘‘July 14 and 

15, 2012.’’ The Virginia/Carolina Racing 

Association, which is the sponsor for 

this event, intends to hold this event 

annually; however, they have changed 

the date of the event for 2012 so that it 

is outside the scope of the existing 

enforcement period. Due to the need for 

vessel control while high performance 

power boats are racing on the Nanticoke 

River, vessel traffic would be 

temporarily restricted to provide for the 

safety of participants, spectators and 

transiting vessels. 

Prospect Bay, Kent Island, MD 

The Table to § 100.501, event No. 

(b.)11 establishes the enforcement date 

for the Thunder on the Narrows. This 

regulation proposes to temporarily 

change the enforcement date from 

‘‘June—3rd, 4th or last Saturday and 

Sunday or August—1st Saturday and 

Sunday’’ to ‘‘June 9 and 10, 2012.’’ The 

Kent Narrows Racing Association, 

which is the sponsor for this event, 

intends to hold this event annually; 

however, they have changed the date of 

the event for 2012 so that it is outside 

the scope of the existing enforcement 

period. Due to the need for vessel 

control while high performance power 

boats are racing on Prospect Bay, vessel 

traffic would be temporarily restricted 

to provide for the safety of participants, 

spectators and transiting vessels. 

Regulatory Analyses 

We developed this interim 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, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this rule prevents 

traffic from transiting a portion of 

certain waterways during specified 

events, the effect of this regulation will 

not be significant due to the limited 

duration that the regulated areas will be 

in effect and the extensive advance 

notifications that will be made to the 

maritime community via marine 

information broadcasts and local notices 

to mariners, 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. For the above reasons, the Coast 

Guard does not anticipate any 

significant economic impact. 

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 affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to operate, transit, or 

anchor in the areas where the marine 

events are being held. This regulation 

will not have a significant impact on a 

substantial number of small entities 

because it will be enforced only during 

marine events that have been permitted 

by the Coast Guard Captain of the Port. 

The Captain of the Port will ensure that 

small entities are able to operate in the 

areas where events are occurring when 

it is safe to do so. In some cases, vessels 

will be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. 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 

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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. 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 an 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 


pstrozier on DSK7SPTVN1PROD with RULES
14962 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

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 

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 implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

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, canoe and sail 

board racing. 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. In Table to § 100.501: 

■ a. Suspend lines No. (b.)2, No. (b.)10, 

and No. (b.)11. 

■ b. Add lines (b.)20, (b.)21, and (b.)22 

to read as follows: 

§ 100.501 Special Local Regulations; 

Recurring Marine Event 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 

*******

(b.) Coast Guard Sector Baltimore—COTP Zone 

*******

20 ....... March 24, 2012, 

April 14, 2012 and 

April 21, 2012.

USNA Crew Races .. U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, 

bounded to the northwest by a line drawn from the south 

shoreline at latitude 39°00′38.9′′ N., longitude 076°31′05.2′′ 

W. thence to the north shoreline at latitude 39°00′54.7′′ N., 

longitude 076°30′44.8′′ W., this line is approximately 1300 

yards northwest of the U.S. 50 fixed highway bridge. The 

regulated area is bounded to the southeast by a line drawn 

from the Naval Academy Light at latitude 38°58′39.5′′ N., longitude 076°28′49′′ W. thence southeast to a point 700 yards 

east of Chinks Point, MD, at latitude 38°58′1.9′′ N., longitude 

076°28′1.7′′ W. thence northeast to Greenbury Point at latitude 38°58′29′′ N., longitude 076°27′16′′ W. 


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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. 


pstrozier on DSK7SPTVN1PROD with RULES