Special Local Regulation; Galveston Bay, Kemah, TX, 25075-25077 [2012-10255]
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves a special local regulation
issued in conjunction with a regatta or
marine parade, therefore (34)(h) of the
Instruction applies. An environmental
analysis checklist and a categorical
exclusion determination will be
available in the docket where indicated
under ADDRESSES.
(b) Special local regulation. No vessel
may enter, transit through, or anchor
within the regulated area without the
permission of the Coast Guard Patrol
Commander.
(c) Enforcement period. This
regulation will be enforced from 7:30
a.m. until 4:30 p.m. on April 28, 2012.
(d) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. Vessel operators given permission to
enter or operate in the regulated area
must comply with all directions given to
them by the Coast Guard Patrol
Commander.
Dated: April 16, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–10254 Filed 4–26–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0170]
RIN 1625–AA08
Special Local Regulation; Galveston
Bay, Kemah, TX
List of Subjects in 33 CFR Part 100
AGENCY:
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:
ACTION:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T09–0340 to read as
follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 100.35T09–0340 Special Local
Regulation; Hebda Cup Rowing Regatta,
Wyandotte, MI.
(a) Regulated area. A regulated area is
established to include all waters of the
Trenton Channel in the Detroit River,
Wyandotte, Michigan, starting at a point
on land at position 42°10′58″ N,
083°9′13″ W; following the Trenton
Channel north to position 42°11′44″ N,
083°8′56″ W. All geographic coordinates
are North American Datum of 1983
(NAD 83).
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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary special local
regulation in Galveston Bay in the
vicinity of Kemah, Texas. This
temporary special local regulation is
necessary to provide for the safety of
swimmers participating in the Memorial
Hermann Kemah Triathlon. All vessels
will be prohibited from transiting in or
near the area except as specifically
authorized by the Captain of the Port or
a designated representative.
DATES: This rule is effective on April 29,
2012 from 6 a.m. until 12 noon.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0170 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0170 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
SUMMARY:
PO 00000
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25075
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Margaret Brown,
Coast Guard; telephone 713–678–9001,
email Margaret.A.Brown@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The intended
date for this charitable event is April 29,
2012. Publishing an NPRM is
impracticable because it would delay
the effective date for this special local
regulation.
This event and special local
regulation are part of a Direct Final Rule
(DFR) creating a list of annually
recurring special local regulations under
33 CFR part 100, taking place in the
Eighth Coast Guard District. The DFR
published in the Federal Register on
March 1, 2012, (77 FR 12456), provides
for a comment period and is scheduled
to go into effect May 30, 2012 which is
after the April 29, 2012 scheduled date
for this event. A comment period is
provided in the DFR, but awaiting the
DFR effective date and delaying or
foregoing the special local regulation
needed for the safety of triathlon
participants would be contrary to public
interest.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Immediate action is needed to protect
swimmers participating in the Memorial
Hermann Kemah Triathlon.
Basis and Purpose
The swimming portion of the
Memorial Hermann Triathlon will
feature swimmers entering the water
from a vessel and swimming
approximately one mile to shore. This
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25076
Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
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
Discussion of Rule
substantial number of small entities.
The Coast Guard is establishing a
This rule will not affect small entities
temporary special local regulation in
because the special local regulation does
Galveston Bay. The area regulated
not inhibit navigation. Recreational
begins at Latitude 29°32′38.02″ N,
vessels may navigate around the
Longitude 095°00′58.30″ W thence east
restricted area. If you are a small
to Latitude 29°32′46.73″ N, Longitude
business entity and are significantly
094°59′50.36″ W, thence south to
affected by this regulation please
Latitude 29°32′36.98″ N, Longitude
contact LT Margaret Brown, Coast
094°59′50.32″ W, thence west to
Guard Sector Houston-Galveston, at
29°32′30.86″ N, Longitude 095°00′56.91″ (713) 678–9001.
W thence along the shoreline to the
Assistance for Small Entities
point of beginning. This rule is
Under section 213(a) of the Small
established to allow for the safety of
Business Regulatory Enforcement
swimmers participating in a triathlon.
Fairness Act of 1996 (Pub. L. 104–121),
Vessels will not be allowed to transit
within the designated area immediately we offer to assist small entities in
understanding the rule so that they can
before, during, and after the swim
better evaluate its effects on them and
portion of the triathlon.
participate in the rulemaking process.
Regulatory Analyses
Small businesses may send comments
We developed this rule after
on the actions of Federal employees
considering numerous statutes and
who enforce, or otherwise determine
executive orders related to rulemaking.
compliance with, Federal regulations to
Below we summarize our analyses
the Small Business and Agriculture
based on a number of these statutes or
Regulatory Enforcement Ombudsman
executive orders.
and the Regional Small Business
Regulatory Fairness Boards. The
Regulatory Planning and Review
Ombudsman evaluates these actions
This rule is not a significant
annually and rates each agency’s
regulatory action under section 3(f) of
responsiveness to small business. If you
Executive Order 12866, Regulatory
wish to comment on actions by
Planning and Review, as supplemented
employees of the Coast Guard, call
by Executive Order 13563, Improving
1–888–REG–FAIR (1–888–734–3247).
Regulation and Regulatory Review, and
The Coast Guard will not retaliate
does not require an assessment of
against small entities that question or
potential costs and benefits under
complain about this rule or any policy
section 6(a)(3) of Executive Order 12866 or action of the Coast Guard.
or under section 1 of Executive Order
Collection of Information
13563. The Office of Management and
Budget has not reviewed it under those
This rule calls for no new collection
Orders.
of information under the Paperwork
This regulation will only be in effect
Reduction Act of 1995 (44 U.S.C. 3501–
for six hours. Notifications to the marine 3520).
community will be made through
Federalism
broadcast notice to mariners and
A rule has implications for federalism
electronic mail. The special local
under Executive Order 13132,
regulation will not affect channel
Federalism, if it has a substantial direct
navigation and will only affect few
effect on the States, on the relationship
recreational vessels. The impacts on
between the national government and
routine navigation are expected to be
the States, or on the distribution of
minimal.
power and responsibilities among the
Small Entities
various levels of government. We have
Under the Regulatory Flexibility Act
analyzed this rule under that Order and
(5 U.S.C. 601–612), we have considered determined that this rule does not have
whether this rule would have a
implications for federalism.
significant economic impact on a
Protest Activities
substantial number of small entities.
The Coast Guard respects the First
The term ‘‘small entities’’ comprises
Amendment rights of protesters.
small businesses, not-for-profit
Protesters are asked to contact the
organizations that are independently
person listed in the FOR FURTHER
owned and operated and are not
dominant in their fields, and
INTFORMATION CONTACT section to
mstockstill on DSK4VPTVN1PROD with RULES
special local regulation provides a
protected area for the swimmers from
recreational and other vessels that might
be in the area.
VerDate Mar<15>2010
16:08 Apr 26, 2012
Jkt 226001
PO 00000
Frm 00062
Fmt 4700
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coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
E:\FR\FM\27APR1.SGM
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves establishing a special local
regulation, requiring a permit wherein
an analysis of the environmental impact
of the regulations was performed. Under
figure 2–1, paragraph (34)(h), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
swimming portion of the triathlon
event.
(3) No vessel shall anchor, block,
loiter, or impede the swimming portion
of this triathlon event.
(4) Persons or vessels requiring
deviation from these restrictions must
request permission from the Captain of
the Port Houston-Galveston, or a
designated representative. They may be
contacted at ‘‘Sector HoustonGalveston’’ on VHF–FM Channels 16, or
by phone at (713) 671–5113. Requests to
deviate from these restrictions will be
reviewed on a case-by-case basis.
(5) All persons and vessels shall
comply with the instructions of the
Captain of the Port Houston-Galveston
and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S.
Coast Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Informational Broadcasts.
Notifications of changes in enforcement
periods and changes to this special local
regulation will be made through Vessel
Traffic Services and broadcast notice to
mariners.
Dated: April 16, 2012.
J.H. Whitehead,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. 2012–10255 Filed 4–26–12; 8:45 am]
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
BILLING CODE 9110–04–P
1. The authority citation for part 100
continues to read as follows:
■
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 1233.
2. A new temporary § 100.35T08–0170
is added to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 100.35T08–0170 Special Local
Regulation; Galveston Bay, Kemah, TX
16:08 Apr 26, 2012
Jkt 226001
33 CFR Part 100
[Docket No. USCG–2012–0342]
(a) Location. Under this temporary
rule, the following area is a regulated
area: Galveston Bay, beginning at
Latitude 29°32′38.02″ N, Longitude
095°00′58.30″ W thence east to Latitude
29°32′46.73″ N, Longitude 094°59′50.36″
W, thence south to Latitude
29°32′36.98″ N, Longitude 094°59′50.32″
W, thence west to 29°32′30.86″ N,
Longitude 095°00′56.91″ W thence along
the shoreline to the point of beginning.
(b) Enforcement date. This temporary
rule will be enforced from 6 a.m. to
12 noon on April 29, 2012.
(c) Special local regulations. (1) In
accordance with the general regulations
in § 100.35 of this part, entry into this
area is prohibited immediately before,
during and immediately following the
swimming portion of this triathlon
event.
(2) Vessels shall not transit through or
within the restricted area during the
VerDate Mar<15>2010
Coast Guard
RIN 1625–AA08
Special Local Regulation; Wy-Hi
Rowing Regatta, Trenton Channel;
Detroit River, Wyandotte, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation on the Trenton Channel of
the Detroit River, Wyandotte, Michigan.
This action is necessary and intended to
ensure safety of life on the navigable
waters immediately prior to, during, and
immediately after the Wy-Hi Rowing
Regatta. This special local regulation
will establish restrictions upon, and
control movement of, vessels in a
portion of the Trenton Channel. During
the enforcement period, no person or
vessel may enter the regulated area
SUMMARY:
PO 00000
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25077
without permission of the Captain of the
Port.
DATES: This rule is effective from 7:30
a.m. until 4:30 p.m. on May 5, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0342 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0342 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’ They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Adrian
Palomeque, Prevention Department,
Sector Detroit, Coast Guard; telephone
(313) 568–9508, email
Adrian.F.Palomeque@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because waiting
for a notice and comment period to run
would be impracticable and contrary to
the public interest. The final details of
this regatta were not received in
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, delaying this
temporary rule to wait for a notice and
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
this event, which are discussed in
further detail below. Alternately,
delaying this temporary rule would
require the event sponsor and
participants to reschedule, which is
contrary to the public interest of
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]]>Agencies
[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25075-25077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10255]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0170]
RIN 1625-AA08
Special Local Regulation; Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation in Galveston Bay in the vicinity of Kemah, Texas. This
temporary special local regulation is necessary to provide for the
safety of swimmers participating in the Memorial Hermann Kemah
Triathlon. All vessels will be prohibited from transiting in or near
the area except as specifically authorized by the Captain of the Port
or a designated representative.
DATES: This rule is effective on April 29, 2012 from 6 a.m. until 12
noon.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0170 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0170 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Margaret Brown, Coast Guard; telephone
713-678-9001, email Margaret.A.Brown@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The intended date for this charitable event
is April 29, 2012. Publishing an NPRM is impracticable because it would
delay the effective date for this special local regulation.
This event and special local regulation are part of a Direct Final
Rule (DFR) creating a list of annually recurring special local
regulations under 33 CFR part 100, taking place in the Eighth Coast
Guard District. The DFR published in the Federal Register on March 1,
2012, (77 FR 12456), provides for a comment period and is scheduled to
go into effect May 30, 2012 which is after the April 29, 2012 scheduled
date for this event. A comment period is provided in the DFR, but
awaiting the DFR effective date and delaying or foregoing the special
local regulation needed for the safety of triathlon participants would
be contrary to public interest.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Immediate action is
needed to protect swimmers participating in the Memorial Hermann Kemah
Triathlon.
Basis and Purpose
The swimming portion of the Memorial Hermann Triathlon will feature
swimmers entering the water from a vessel and swimming approximately
one mile to shore. This
[[Page 25076]]
special local regulation provides a protected area for the swimmers
from recreational and other vessels that might be in the area.
Discussion of Rule
The Coast Guard is establishing a temporary special local
regulation in Galveston Bay. The area regulated begins at Latitude
29[deg]32'38.02'' N, Longitude 095[deg]00'58.30'' W thence east to
Latitude 29[deg]32'46.73'' N, Longitude 094[deg]59'50.36'' W, thence
south to Latitude 29[deg]32'36.98'' N, Longitude 094[deg]59'50.32'' W,
thence west to 29[deg]32'30.86'' N, Longitude 095[deg]00'56.91'' W
thence along the shoreline to the point of beginning. This rule is
established to allow for the safety of swimmers participating in a
triathlon. Vessels will not be allowed to transit within the designated
area immediately before, during, and after the swim portion of the
triathlon.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This regulation will only be in effect for six hours. Notifications
to the marine community will be made through broadcast notice to
mariners and electronic mail. The special local regulation will not
affect channel navigation and will only affect few recreational
vessels. The impacts on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will not affect small entities because the special
local regulation does not inhibit navigation. Recreational vessels may
navigate around the restricted area. If you are a small business entity
and are significantly affected by this regulation please contact LT
Margaret Brown, Coast Guard Sector Houston-Galveston, at (713) 678-
9001.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 25077]]
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves establishing a special
local regulation, requiring a permit wherein an analysis of the
environmental impact of the regulations was performed. Under figure 2-
1, paragraph (34)(h), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. A new temporary Sec. 100.35T08-0170 is added to read as follows:
Sec. 100.35T08-0170 Special Local Regulation; Galveston Bay, Kemah,
TX
(a) Location. Under this temporary rule, the following area is a
regulated area: Galveston Bay, beginning at Latitude 29[deg]32'38.02''
N, Longitude 095[deg]00'58.30'' W thence east to Latitude
29[deg]32'46.73'' N, Longitude 094[deg]59'50.36'' W, thence south to
Latitude 29[deg]32'36.98'' N, Longitude 094[deg]59'50.32'' W, thence
west to 29[deg]32'30.86'' N, Longitude 095[deg]00'56.91'' W thence
along the shoreline to the point of beginning.
(b) Enforcement date. This temporary rule will be enforced from 6
a.m. to 12 noon on April 29, 2012.
(c) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.35 of this part, entry into this area is
prohibited immediately before, during and immediately following the
swimming portion of this triathlon event.
(2) Vessels shall not transit through or within the restricted area
during the swimming portion of the triathlon event.
(3) No vessel shall anchor, block, loiter, or impede the swimming
portion of this triathlon event.
(4) Persons or vessels requiring deviation from these restrictions
must request permission from the Captain of the Port Houston-Galveston,
or a designated representative. They may be contacted at ``Sector
Houston-Galveston'' on VHF-FM Channels 16, or by phone at (713) 671-
5113. Requests to deviate from these restrictions will be reviewed on a
case-by-case basis.
(5) All persons and vessels shall comply with the instructions of
the Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
(d) Informational Broadcasts. Notifications of changes in
enforcement periods and changes to this special local regulation will
be made through Vessel Traffic Services and broadcast notice to
mariners.
Dated: April 16, 2012.
J.H. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2012-10255 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P
