23120 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

craft. 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. 

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. Any spectator vessel 

may anchor outside the regulated area, 

but may not anchor in, block, or loiter 

in a navigable channel. 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. The Patrol 

Commander will terminate enforcement 

of the special regulations at the 

conclusion of the event. 

This notice is issued under authority 

of 33 CFR 100.35, 33 U.S.C. 1233, and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via Local 

Notice to Mariners and Marine 

Information Broadcasts. 

If the Captain of the Port Mobile or 

Patrol Commander determines that the 

regulated area need not be enforced for 

the full duration stated in this notice of 

enforcement, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: March 27, 2012. 

D.J. Rose, 

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

Port Mobile. 

[FR Doc. 2012–9377 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–2011–0258] 

National Maritime Week Tugboat 

Races, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Special Local Regulation for the 

annual National Maritime Week 

Tugboat Races in Elliott Bay, WA from 

12 p.m. through 4:30 p.m. on May 12, 

2012. This action is necessary to ensure 

the safety of all participants and 

spectators from the inherent dangers 

associated with these types of races 

which includes large wakes. During the 

enforcement period, no person or vessel 

may enter or remain in the regulated 

area except for participants in the event, 

supporting personnel, vessels registered 

with the event organizer, and personnel 

or vessels authorized by the Coast Guard 

Patrol Commander. 

DATES: The regulations in 33 CFR 

100.1306 will be enforced from 12 p.m. 

through 4:30 p.m. on May 12, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Ensign Nathaniel P. Clinger, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6045, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Special Local 

Regulation for the annual National 

Maritime Week Tugboat Races, Seattle, 

WA in 33 CFR 100.1306 on May 12, 

2012 from 12 p.m. through 4:30 p.m. 

This regulation can be found in the 

April 27, 1996 issue of the Federal 

Register (61 FR 16710). 

A regulated area is established on that 

portion of Elliott Bay along the Seattle 

waterfront in Puget Sound bounded by 

a line beginning at: 47°37′36′′ N, 

122°22′42′′ W; thence to 47°37′24.5′′ N, 

122°22′58.5′′ W; thence to 47°36′08′′ N, 

122°20′53′′ W; thence to 47°36′21′′ N, 

122°20′31′′ W; thence returning to the 

origin. This regulated area resembles a 

rectangle measuring approximately 

3,900 yards along the shoreline between 

Pier 57 and Pier 89, and extending 

approximately 650 yards into Elliott 

Bay. Temporary floating markers will be 

placed by the race sponsors to delineate 

the regulated area. [Datum: NAD 1983] 

No person or vessel may enter or 

remain in the regulated area except for 

participants in the event, supporting 

personnel, vessels registered with the 

event organizer, and personnel or 

vessels authorized by the Coast Guard 

Patrol Commander. 

The Coast Guard will establish a 

patrol consisting of active and auxiliary 

Coast Guard vessels and personnel in 

the regulated area described above. The 

patrol shall be under the direction of a 

Coast Guard officer or petty officer 

designated by the Captain of the Port as 

the Coast Guard Patrol Commander. The 

Patrol Commander may forbid and 

control the movement of vessels in this 

regulated area. 

A succession of sharp, short blasts 

from whistle or horn from vessels 

patrolling the area under the direction 

of the Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and comply with the orders of the 

patrol vessel. Failure to do so may result 

in expulsion from the area, citation for 

failure to comply, or both. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1306 and 5 U.S.C. 552(a). 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the regulated area. 

Dated: April 6, 2012. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2012–9380 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–2012–0252] 

RIN 1625–AA08 

Special Local Regulations; Lowcountry 

Splash Open Water Swim, Wando 

River and Cooper River, Mount 

Pleasant, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of the Wando River and 

Cooper River in Mount Pleasant, South 

Carolina during the Lowcountry Splash, 

a 2.4 mile open water swim. The event 

is scheduled to take place on Saturday, 

May 19, 2012. Approximately 600 

people are expected to participate in the 

swim. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters of the United 

States during the event. The special 

local regulations establish a series of 

moving buffer zones, where all persons 

and vessels, except those persons and 

vessels participating in the open water 

swim, are prohibited from entering, 

transiting through, anchoring in, or 

remaining unless authorized by the 

Captain of the Port Charleston or a 

designated representative. 

DATES: This rule is effective from 7:30 

a.m. until 10 a.m. on May 19, 2012. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23121 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0252 and are available online by going 

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

USCG–2012–0252 in the ‘‘Search’’ box, 

and then clicking ‘‘Search.’’ This 

material is 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 

final rule, call or email Ensign John 

Santorum, Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone (843) 740–3184, email John.R.

Santorum@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 the 

Coast Guard did not receive necessary 

information about the event until March 

22, 2012. As a result, the Coast Guard 

did not have sufficient time to publish 

an NPRM and to receive public 

comments prior to the event. Any delay 

in the effective date of this rule would 

be contrary to the public interest 

because immediate action is needed to 

minimize potential danger to swimmers, 

participant vessels, spectators, and the 

general public. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. The purpose of the rule is to 

insure safety of life on navigable waters 

of the United States during the 

Lowcountry Splash open water swim. 

Discussion of Rule 

On Saturday, May 19, 2012, the Logan 

Rutledge Children’s Foundation will 

host the Lowcountry Splash, a 2.4 mile 

open water swim in the Wando River 

and Cooper River along the shoreline of 

Mount Pleasant, South Carolina. The 

Lowcountry Splash starts at Hobcaw 

Yacht Club on the Wando River, and 

finishes at the Charleston Harbor Marina 

and Resorts at Patriots Point on the 

Cooper River. Approximately 600 

swimmers will be participating in the 

swim. Buoys will mark the course, and 

the course will be patrolled by event 

staff and volunteers on safety vessels: 20 

motorboats, 20 kayaks, and several jet 

skis. 

The special local regulations establish 

a series of buffer zones around the 

Lowcountry Splash swimmers and 

safety vessels on certain waters of the 

Wando River and Cooper River in 

Mount Pleasant, South Carolina. These 

buffer zones are as follows: (1) All 

waters within 75 yards of the lead safety 

vessel; (2) all waters within 100 yards of 

the last safety vessel; and (3) all waters 

within 100 yards of the swimmers and 

each participating safety vessel. The 

special local regulations will be 

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

May 19, 2012. 

Persons and vessels not participating 

in the open water swim are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

buffer zones unless authorized by the 

Captain of the Port Charleston or a 

designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within the buffer 

zones 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 buffer 

zones 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. The Coast 

Guard will provide notice of the buffer 

zones by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

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 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this rule under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The buffer zones will be enforced for 

only two and a half hours; (2) although 

persons and vessels will not be able to 

enter, transit through, anchor in, or 

remain within the buffer zones without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the buffer 

zones if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

buffer zones to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within the 

waters of the Wando River and Cooper 

mstockstill on DSK4VPTVN1PROD with RULES

23122 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

River in Mount Pleasant, South Carolina 

encompassed within the regulated areas 

from 7:30 a.m. until 10 a.m. on May 19, 

2012. For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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. 

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 

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 that 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 special local regulations issued 

in conjunction with a regatta or marine 

parade. 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. Add a temporary § 100.35T07–0252 

to read as follows: 

§ 100.35T07–0252 Special Local 

Regulations; Lowcountry Splash Open 

Water Swim, Wando River and Cooper 

River, Mount Pleasant, SC. 

(a) Regulated Areas. The following 

buffer zones are regulated areas: All 

waters within 75 yards of the lead safety 

vessel; all waters within 100 yards of 

the last safety vessel; and all waters 

within 100 yards of the swimmers and 

each participating vessel. The 

Lowcountry Splash, a 2.4 mile open 

water swim, starts at Hobcaw Yacht 

Club on the Wando River, in 

approximate position 32°49′19′′ N, 

79°53′48′′ W, and finishes at the 

mstockstill on DSK4VPTVN1PROD with RULES

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. 

mstockstill on DSK4VPTVN1PROD with RULES