Special Local Regulations; Marine Events, Spa Creek and Annapolis Harbor; Annapolis, MD, 20066-20069 [2013-07682]

Download as PDF 20066 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules (4) Fully funded plans. Notice under this section is waived if the transfer complies with section 414(l) of the Code using reasonable actuarial assumptions and, after the transfer, the transferor and transferee plans are fully funded as determined in accordance with §§ 4044.51 through 4044.57 of this chapter (dealing with valuation of benefits and assets in trusteed terminating plans) and § 4010.8(d)(1)(ii) of this chapter. § 4043.66 Application for minimum funding waiver. (a) Reportable event. Advance notice is required for an application for a minimum funding waiver, as described in § 4043.33. (b) Extension. The notice date is extended until 10 days after the reportable event has occurred. § 4043.67 Loan default. Advance notice is required for an acceleration of payment, a default, a waiver, or an agreement to an amendment with respect to a loan agreement described in § 4043.34(a). § 4043.68 Insolvency or similar settlement. (a) Reportable event. Advance notice is required for an insolvency or similar settlement, as described in § 4043.35. (b) Extension. For a case or proceeding under § 4043.35(a)(1) or (2) that is not commenced by a member of the plan’s controlled group, the notice date is extended to 10 days after the commencement of the case or proceeding. Subpart D—Notice of Failure to Make Required Contributions mstockstill on DSK4VPTVN1PROD with PROPOSALS § 4043.81 PBGC Form 200, notice of failure to make required contributions; supplementary information. (a) General rules. To comply with the notification requirement in section 303(k)(4) of ERISA and section 430(k)(4) of the Code, a contributing sponsor of a single-employer plan that is covered under section 4021 of ERISA and, if that contributing sponsor is a member of a parent-subsidiary controlled group, the ultimate parent must complete and submit in accordance with this section a properly certified Form 200 that includes all required documentation and other information, as described in the related filing instructions. Notice is required whenever the unpaid balance of a contribution payment required under sections 302 and 303 of ERISA and sections 412 and 430 of the Code (including interest), when added to the aggregate unpaid balance of all preceding such payments for which VerDate Mar<15>2010 16:31 Apr 02, 2013 Jkt 229001 payment was not made when due (including interest), exceeds $1 million. (1) Form 200 must be filed with PBGC no later than 10 days after the due date for any required payment for which payment was not made when due. (2) If a contributing sponsor or the ultimate parent completes and submits Form 200 in accordance with this section, PBGC will consider the notification requirement in section 303(k)(4) of ERISA and section 430(k)(4) of the Code to be satisfied by all members of a controlled group of which the person who has filed Form 200 is a member. (b) Supplementary information. If, upon review of a Form 200, PBGC concludes that it needs additional information in order to make decisions regarding enforcement of a lien imposed by section 303(k) of ERISA and section 430(k) of the Code, PBGC may require any member of the contributing sponsor’s controlled group to supplement the Form 200 in accordance with § 4043.3(d). (c) Ultimate parent. For purposes of this section, the term ‘‘ultimate parent’’ means the parent at the highest level in the chain of corporations and/or other organizations constituting a parentsubsidiary controlled group. § 4231.2 [Amended] PART 4204—VARIANCES FOR SALE OF ASSETS [FR Doc. 2013–07664 Filed 4–2–13; 8:45 am] 12. In § 4231.2, the definitions of ‘‘actuarial valuation’’ and ‘‘fair market value of assets’’ are amended by removing the words ‘‘section 302 of ERISA and section 412 of the Code’’ where they appear in each definition and adding in their place the words ‘‘section 304 of ERISA and section 431 of the Code’’. ■ § 4231.6 [Amended] 13. In § 4231.6: a. Paragraph (b)(4)(ii) is amended by removing the figures ‘‘412(b)(4)’’ and adding in their place the figures ‘‘431(b)(5)’’. ■ b. Paragraph (c)(2) is amended by removing the words ‘‘section 412 of the Code (which requires that such assumptions be reasonable in the aggregate)’’ and adding in their place the words ‘‘section 431 of the Code (which requires that each such assumption be reasonable)’’. ■ c. Paragraph (c)(5) is amended by removing the figures ‘‘412’’ and adding in their place the figures ‘‘431’’. ■ ■ Issued in Washington, DC, this 25th day of March 2013. Joshua Gotbaum, Director, Pension Benefit Guaranty Corporation. BILLING CODE 7709–01–P 7. The authority citation for part 4204 continues to read as follows: ■ Authority: 29 U.S.C. 1302(b)(3), 1384(c). § 4204.12 [Amended] 8. Section 4204.12 is amended by removing the figures ‘‘412(b)(3)(A)’’ and adding in their place the figures ‘‘431(b)(3)(A)’’. ■ PART 4206—ADJUSTMENT OF LIABILITY FOR A WITHDRAWAL SUBSEQUENT TO A PARTIAL WITHDRAWAL 9. The authority citation for part 4206 continues to read as follows: ■ Authority: 29 U.S.C. 1302(b)(3) and 1386(b). § 4206.7 10. Section 4206.7 is amended by removing the figures ‘‘412(b)(4)’’ and adding in their place the figures ‘‘431(b)(5)’’. PART 4231—MERGERS AND TRANSFERS BETWEEN MULTIEMPLOYER PLANS 11. The authority citation for part 4231 continues to read as follows: ■ Authority: 29 U.S.C. 1302(b)(3), 1411. Frm 00028 Fmt 4702 Coast Guard 33 CFR Part 100 [Docket No. USCG–2013–0129] RIN 1625–AA08 Special Local Regulations; Marine Events, Spa Creek and Annapolis Harbor; Annapolis, MD Coast Guard, DHS. Notice of Proposed Rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish special local regulations during the swim segment of the ‘‘TriRock Triathlon Series’’, a marine event to be held on the waters of Spa Creek and Annapolis Harbor on July 20, 2013. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of Spa Creek and Annapolis Harbor during the event. SUMMARY: [Amended] ■ PO 00000 DEPARTMENT OF HOMELAND SECURITY Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules Comments and related material must be received by the Coast Guard on or before May 3, 2013. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: 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. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, email Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking mstockstill on DSK4VPTVN1PROD with PROPOSALS A. 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. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, 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 at 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, it will be considered received by the Coast Guard when you successfully transmit the comment. If VerDate Mar<15>2010 16:31 Apr 02, 2013 Jkt 229001 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, type the docket number [USCG–2013–0129] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. 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 comments 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 the rule based on your comments. 2. 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, type the docket number (USCG–2013–0129) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. 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. 3. 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). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 20067 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. B. 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 ensure safety of life on navigable waters of the United States during the swim segment of the TriRock Triathlon Series event. On July 20, 2013, Competitor Group Inc. of San Diego, California, is sponsoring the ‘‘TriRock Triathlon Series’’ in Annapolis, Maryland. The swim segment of the event will occur from 6:30 a.m. to 8:50 a.m. and will be located in Spa Creek and Annapolis Harbor. Approximately 1,535 participants will operate on a 500-meter swim course located between the Annapolis City Dock and the confluence of the Spa Creek with the Severn River. The swimmers will be supported by sponsor-provided watercraft. The start and finish will be located at the Annapolis City Dock. A portion of the swim course will impede the federal navigation channel. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels. C. Discussion of Proposed Rule The Coast Guard proposes to establish special local regulations on specified waters of Spa Creek and Annapolis Harbor. The regulations will be enforced from 6 a.m. to 9:30 a.m. on July 20, 2013. The regulated area includes all waters of the Spa Creek and Annapolis Harbor, from shoreline to shoreline, bounded by a line drawn near the entrance of Spa Creek originating at latitude 38°58′40″ N, longitude 076°28′49″ W, thence south to latitude 38°58′32″ N, longitude 076°28′45″ W. The regulated area is bounded to the southwest by a line drawn from latitude 38°58′34″ N, longitude 076°29′05″ W thence south to latitude 38°58′27″ N, longitude 076°28′55″ W, located at Annapolis, Maryland. The effect of this proposed rule will be to restrict general navigation in the regulated area during the event. Vessels intending to transit Spa Creek and Annapolis Harbor through the regulated area will only be allowed to safely transit the regulated area when the Coast Guard Patrol Commander has deemed it safe to do so. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict E:\FR\FM\03APP1.SGM 03APP1 20068 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels. The Coast Guard will provide notice of the special local regulations by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. D. Regulatory Analyses We developed this proposed 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 1. Regulatory Planning and Review This proposed 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 economic impact of this rule is not significant for the following reasons: (1) The special local regulations will be enforced for only 31⁄2 hours; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the event area, without authorization from the Captain of the Port Baltimore or his designated representative, they may operate in the surrounding area during the enforcement period; and (3) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 that portion of Spa Creek and Annapolis Harbor encompassed within the special local regulations from 6 a.m. until 9:30 a.m. on July 20, 2013. For the reasons discussed in the Regulatory Planning and Review section above, this rule will VerDate Mar<15>2010 16:31 Apr 02, 2013 Jkt 229001 not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. 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 proposed rule under that Order and determined that this rule does not have implications for federalism. 6. 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. 7. 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 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would 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. 9. Civil Justice Reform This proposed 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. 10. Protection of Children from Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves special local regulations issued in conjunction with a regatta or marine parade. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2–1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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 proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS BILLING CODE 9110–04–P Authority: 33 U.S.C. 1233. 2. Add § 100.35–T05–0129 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with PROPOSALS § 100.35–T05–0129 Special Local Regulations for Marine Events, Spa Creek and Annapolis Harbor; Annapolis, MD. (a) Regulated area. The following location is a regulated area: All waters of the Spa Creek and Annapolis Harbor, from shoreline to shoreline, bounded by a line drawn near the entrance of Spa Creek originating at latitude 38°58′40″ N, longitude 076°28′49″ W, thence south to latitude 38°58′32″ N, longitude 076°28′45″ W. The regulated area is bounded to the southwest by a line drawn from latitude 38°58′34″ N, longitude 076°29′05″ W thence south to latitude 38°58′27″ N, longitude 076°28′55″ W, located at Annapolis, MD. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U. S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. 16:31 Apr 02, 2013 Jkt 229001 Dated: March 19, 2013. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2013–07682 Filed 4–2–13; 8:45 am] 1. The authority citation for part 100 continues to read as follows: ■ VerDate Mar<15>2010 (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) The Coast Guard Patrol Commander may forbid and control the movement of all vessels and persons in the regulated area. When hailed or signaled by an official patrol vessel, a vessel or person in the regulated area shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (2) All Coast Guard vessels enforcing this regulated area can be contacted at telephone number 410–576–2693 or on marine band radio VHF–FM channel 16 (156.8 MHz). (3) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF– FM marine band radio announcing specific event date and times. (d) Enforcement period: This section will be enforced from 6 a.m. to 9:30 a.m. on July 20, 2013. DEPARTMENT OF EDUCATION 34 CFR Chapter III Proposed Priority—National Institute on Disability and Rehabilitation Research (NIDRR)—Rehabilitation Engineering Research Centers (RERCs)—Technologies To Support Successful Aging With Disability Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Proposed priority. AGENCY: Catalog of Federal Domestic Assistance (CFDA) Number: 84.133E–3 The Assistant Secretary for Special Education and Rehabilitative Services proposes one priority for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice proposes one priority for an RERC: Technologies to Support Successful Aging with Disability. The Assistant Secretary may use this priority for a competition in fiscal year (FY) SUMMARY: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 20069 2013 and later years. We take this action to focus research attention on areas of national need. We intend to use this priority to improve rehabilitation services and outcomes for individuals with disabilities. DATES: We must receive your comments on or before May 3, 2013. ADDRESSES: Address all comments about this notice to Marlene Spencer, U.S. Department of Education, 400 Maryland Avenue SW., room 5133, Potomac Center Plaza (PCP), Washington, DC 20202–2700. If you prefer to send your comments by email, use the following address: marlene.spencer@ed.gov. You must include the phrase ‘‘Proposed Priorities for RERCs’’ in the priority title in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245– 7532 or by email: marlene.spencer@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: This notice of proposed priority is in concert with NIDRR’s currently approved LongRange Plan (Plan). The Plan, which was published in the Federal Register on February 15, 2006 (71 FR 8166), can be accessed on the Internet at the following site: www.ed.gov/about/offices/list/ osers/nidrr/policy.html. Through the implementation of the Plan, NIDRR seeks to: (1) Improve the quality and utility of disability and rehabilitation research; (2) foster an exchange of expertise, information, and training methods to facilitate the advancement of knowledge and understanding of the unique needs of traditionally underserved populations; (3) determine best strategies and programs to improve rehabilitation outcomes for underserved populations; (4) identify research gaps; (5) identify mechanisms for integrating research and practice; and (6) disseminate findings. This notice proposes one priority that NIDRR intends to use for RERC competitions in FY 2013 and possibly later years. However, nothing precludes NIDRR from publishing additional priorities, if needed. Furthermore, NIDRR is under no obligation to make awards for this priority. The decision to make an award will be based on the quality of applications received and available funding. Invitation to Comment: We invite you to submit comments regarding this notice. To ensure that your comments have maximum effect in developing the E:\FR\FM\03APP1.SGM 03APP1

Agencies

[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Proposed Rules]
[Pages 20066-20069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07682]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0129]
RIN 1625-AA08


Special Local Regulations; Marine Events, Spa Creek and Annapolis 
Harbor; Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish special local 
regulations during the swim segment of the ``TriRock Triathlon 
Series'', a marine event to be held on the waters of Spa Creek and 
Annapolis Harbor on July 20, 2013. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to temporarily restrict vessel 
traffic in a portion of Spa Creek and Annapolis Harbor during the 
event.

[[Page 20067]]


DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number [USCG-2013-0129] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments 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 the rule 
based on your comments.

2. 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, 
type the docket number (USCG-2013-0129) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. 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 ensure safety of life on navigable waters of the United 
States during the swim segment of the TriRock Triathlon Series event.
    On July 20, 2013, Competitor Group Inc. of San Diego, California, 
is sponsoring the ``TriRock Triathlon Series'' in Annapolis, Maryland. 
The swim segment of the event will occur from 6:30 a.m. to 8:50 a.m. 
and will be located in Spa Creek and Annapolis Harbor. Approximately 
1,535 participants will operate on a 500-meter swim course located 
between the Annapolis City Dock and the confluence of the Spa Creek 
with the Severn River. The swimmers will be supported by sponsor-
provided watercraft. The start and finish will be located at the 
Annapolis City Dock. A portion of the swim course will impede the 
federal navigation channel. Due to the need for vessel control during 
the event, the Coast Guard will temporarily restrict vessel traffic in 
the event area to provide for the safety of participants, spectators 
and other transiting vessels.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish special local regulations on 
specified waters of Spa Creek and Annapolis Harbor. The regulations 
will be enforced from 6 a.m. to 9:30 a.m. on July 20, 2013. The 
regulated area includes all waters of the Spa Creek and Annapolis 
Harbor, from shoreline to shoreline, bounded by a line drawn near the 
entrance of Spa Creek originating at latitude 38[deg]58'40'' N, 
longitude 076[deg]28'49'' W, thence south to latitude 38[deg]58'32'' N, 
longitude 076[deg]28'45'' W. The regulated area is bounded to the 
southwest by a line drawn from latitude 38[deg]58'34'' N, longitude 
076[deg]29'05'' W thence south to latitude 38[deg]58'27'' N, longitude 
076[deg]28'55'' W, located at Annapolis, Maryland.
    The effect of this proposed rule will be to restrict general 
navigation in the regulated area during the event. Vessels intending to 
transit Spa Creek and Annapolis Harbor through the regulated area will 
only be allowed to safely transit the regulated area when the Coast 
Guard Patrol Commander has deemed it safe to do so. Due to the need for 
vessel control during the event, the Coast Guard will temporarily 
restrict

[[Page 20068]]

vessel traffic in the event area to provide for the safety of 
participants, spectators and other transiting vessels. The Coast Guard 
will provide notice of the special local regulations by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

D. Regulatory Analyses

    We developed this proposed 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.

1. Regulatory Planning and Review

    This proposed 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 economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only 3\1/2\ hours; (2) although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the event 
area, without authorization from the Captain of the Port Baltimore or 
his designated representative, they may operate in the surrounding area 
during the enforcement period; and (3) the Coast Guard will provide 
advance notification of the special local regulations to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 that portion of Spa Creek 
and Annapolis Harbor encompassed within the special local regulations 
from 6 a.m. until 9:30 a.m. on July 20, 2013. 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01

[[Page 20069]]

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 made a preliminary determination that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule involves special local regulations issued in conjunction 
with a regatta or marine parade. This rule is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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 proposes 
to amend 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. Add Sec.  100.35-T05-0129 to read as follows:


Sec.  100.35-T05-0129  Special Local Regulations for Marine Events, Spa 
Creek and Annapolis Harbor; Annapolis, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Spa Creek and Annapolis Harbor, from shoreline to 
shoreline, bounded by a line drawn near the entrance of Spa Creek 
originating at latitude 38[deg]58'40'' N, longitude 076[deg]28'49'' W, 
thence south to latitude 38[deg]58'32'' N, longitude 076[deg]28'45'' W. 
The regulated area is bounded to the southwest by a line drawn from 
latitude 38[deg]58'34'' N, longitude 076[deg]29'05'' W thence south to 
latitude 38[deg]58'27'' N, longitude 076[deg]28'55'' W, located at 
Annapolis, MD. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person in the regulated area shall immediately comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) All Coast Guard vessels enforcing this regulated area can be 
contacted at telephone number 410-576-2693 or on marine band radio VHF-
FM channel 16 (156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period: This section will be enforced from 6 a.m. 
to 9:30 a.m. on July 20, 2013.

    Dated: March 19, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-07682 Filed 4-2-13; 8:45 am]
BILLING CODE 9110-04-P