Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23123 

Charleston Harbor Marina and Resorts at 

Patriots Point on the Cooper River, in 

approximate position 32°47′11′′ N, 

79°54′38′′ W. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. 

(1) Except for those persons and 

vessels participating in the open water 

swim, all persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated areas unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective from 7:30 a.m. until 10 a.m. on 

May 19, 2012. 

Dated: April 9, 2012. 

M.F. White, Jr., 

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

Port Charleston. 

[FR Doc. 2012–9373 Filed 4–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0168] 

RIN 1625–AA08 

Special Local Regulation; Smokin The 

Lake; Gulfport Lake; Gulfport, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for a portion of Gulfport Lake 

in Gulfport, MS. This action is 

necessary for the safeguard of 

participants and spectators, including 

all crews, vessels, and persons on 

navigable waters during the Smokin The 

Lake high speed boat races on May 5 

and 6, 2012. Entry into, transiting 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 and 

enforceable with actual notice from 

10 a.m. until 6 p.m. on May 5, 2012 and 

May 6, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0168 and are available online by going 

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

USCG–2012–0168 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 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.’’ This rule 

provides proper notice; however, 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) which would 

provide a comment period with respect 

to this rule. The Coast Guard received 

an application for a Marine Event 

Permit on February 27, 2012 confirming 

that this year’s occurrence of this annual 

event would take place on May 5, 2012 

and May 6, 2012. After reviewing the 

details of the event and the permit 

application, the Coast Guard determined 

that a special local regulation is needed 

and delaying or foregoing this safety 

measure would be contrary to the public 

interest. Additionally, this special local 

regulation is part of a separate 

rulemaking updating the current list of 

annually recurring events under docket 

number USCG–2011–0286. That 

rulemaking published March 1, 2012 in 

the Federal Register (77 FR 12456) 

provided a comment period before 

becoming a permanent final rule. No 

comments were received in that docket 

related to this event. 

The special local regulation is needed 

to safeguard persons and vessels from 

safety hazards associated with the 

Smokin The Lake high speed boat races. 

Basis and Purpose 

On February 27, 2012, Smokin The 

Lake applied for a Marine Event Permit 

to conduct high speed boat races on 

Gulfport Lake, Gulfport, MS on May 5, 

2012 and May 6, 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 Gulfport Lake, Gulfport, MS 

to safeguard persons and vessels during 

the high speed boat races. 

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. 

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23124 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation for 

Gulfport Lake, Gulfport, MS to include 

all waters between an eastern boundary 

represented by positions 30°25′36′′ N, 

089°03′08′′ W to 30°25′26′′ N, 089°03′08′′ 

W, and a western boundary represented 

by positions 30°25′32′′ N, 089°03′59′′ W 

to 30°25′26′′ N, 089°03′59′′ W. This 

temporary rule will safeguard life and 

property in this area. Entry into, 

transiting 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 10 a.m. until 6 p.m. on 

May 5, 2012 and May 6, 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 Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The special local regulation listed in 

this rule will only restrict vessel traffic 

from entering, transiting, or anchoring 

within Gulfport Lake, Gulfport, 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 

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 transit or anchor in 

affected portions of Gulfport 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 

determined that this rule does not have 

implications for federalism. 

Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 

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 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23125 

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 § 100.35T08–0168 to read as 

follows: 

§ 100.35T08–0168 Special Local 

Regulation; Gulfport Lake; Gulfport, MS. 

(a) Regulated Area. The following area 

is a regulated area: Gulfport Lake, 

Gulfport, MS to include all waters 

between an eastern boundary 

represented by positions 30°25′36′′ N, 

089°03′08′′ W to 30°25′26′′ N, 089°03′08′′ 

W, and a western boundary represented 

by positions 30°25′32′′ N, 089°03′59′′ W 

to 30°25′26′′ N, 089°03′59′′ W. 

(b) Enforcement dates. This rule will 

be enforced from 10 a.m. until 6 p.m. on 

May 5, 2012 and May 6, 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 

vessels must 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: March 27, 2012. 

D.J. Rose, 

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

Port Mobile. 

[FR Doc. 2012–9389 Filed 4–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0218] 

RIN 1625–AA08 

Special Local Regulation; Tuscaloosa 

Dragon Boat Race; Black Warrior 

River; Tuscaloosa, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for a portion of the Black 

Warrior River, from mile 340.5 to mile 

341.0, Tuscaloosa, AL. This action is 

necessary for the safeguard of 

participants and spectators, including 

all crews, vessels, and persons on 

navigable waters during the Jr. League of 

Tuscaloosa Dragon Boat Races. Entry 

into, transiting 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 and 

enforceable with actual notice from 

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

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0218 and are available online by going 

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

USCG–2012–0218 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: 

mstockstill on DSK4VPTVN1PROD with RULES