[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2448-2450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-785]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0785]
RIN 1625-AA08


Special Local Regulation; HITS Triathlon; Corpus Christi 
Bayfront, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing a temporary Special Local 
Regulation in the Corpus Christi Bayfront area within the Corpus 
Christi, TX Captain of the Port Zone. This Special Local Regulation 
will restrict vessels from portions of the Corpus Christi Bayfront area 
during the HITS Triathlon on February 18th and 19th, 2012. This Special 
Local Regulation is necessary to ensure the safety of HITS Triathlon 
participants and protect them from the hazard of vessel traffic in the 
area.

DATES: This regulation will be effective on February 18, 2012 through 
February 19, 2012. This regulation will be enforced on February 18, 
2012 from 6:45 a.m. to 8:15 a.m. and 11:45 a.m. to 1:15 p.m., and on 
February 19, 2012 from 6:45 a.m. to 9:45 a.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0785 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0785 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 the United States Coast Guard Sector 
Corpus Christi's Waterways Management Division; telephone (361) 888-
3162, email [email protected]. 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 Coast Guard received notice and 
application for this event on or about August 15, 2011. The Coast Guard 
reviewed the planned event and determined that a special local 
regulation is needed to protect event participants from the possible 
hazards associated with local boat traffic in the area, but that 
determination was not completed in time for a Notice of Proposed 
Rulemaking to be prepares and comments to be received. Delaying or 
foregoing this rule to publish a NPRM would unnecessarily interfere 
with the contractual obligations that may be involved with the event 
and would forego the safety measures necessary to protect the event 
participants. The public interest in holding this event as scheduled 
outweighs the chance that this temporary rule will interfere with 
vessel traffic in a meaningful way. This rule does provide a full 30-
day period before its effective date.

Basis and Purpose

    On February 18 and 19, 2012 the HITS triathlon will take place near 
and in the Corpus Christi Bayfront area. This temporary special local 
regulation is necessary to ensure the safety of HITS Triathlon 
participants and protect them from the possible hazards associated 
vessel traffic inside the waters of the Corpus Christi Bayfront area 
during this event.

Discussion of the Rule

    This special local regulation is intended to restrict vessel 
traffic from a portion of the Corpus Christi Bayfront area for the swim 
portion of the triathlon. The size of the zone was determined by 
natural barriers on all 4 sides of the race course and local knowledge 
about wind, waves, and currents in this particular area.

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.

[[Page 2449]]

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard has determined that this rule is not a significant 
regulatory action for the following reasons: (1) The rule will be 
enforced for four hours a day for two days; (2) scheduled breaks will 
be provided to allow waiting vessels to transit safely through the 
affected area; (3) persons and vessels may enter, transit through, 
anchor in, or remain within the regulated area if they obtain 
permission from the COTP or the designated representative; and (4) 
advance notification of amplifying information about the event and this 
regulation will be made to the maritime community via broadcast notice 
to mariners and Local Notice to Mariners (LNM).

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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
This rule will only be enforced not more than 4 hours each day; (2) 
during non-enforcement hours all vessels will be allowed to transit 
through the special local regulation zone without having to obtain 
permission; (3) vessels will be allowed to pass through the zone with 
permission of the Coast Guard Patrol Commander during scheduled break 
periods between races and at other times when permitted by the Coast 
Guard Patrol Commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-(888) 734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This 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.

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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 2450]]

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 the establishment of a 
Special Local Regulation in conjunction with a marine event permit. 
Under the terms of the instruction, an environmental analysis checklist 
and a categorical exclusion determination are not required for this 
regulation.

List of Subjects in 33 CFR Part 100

    Harbors, 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. Add a new temporary Sec.  100.35T08-0785 to read as follows:


Sec.  100.35T08-0785  Special Local Regulations for Marine Events; HITS 
Triathlon; Corpus Christi Bayfront, Corpus Christi, TX.

    (a) Definitions.
    (1) As used in this section ``Participant Vessel'' means all 
vessels officially registered with event officials to race or work in 
the event. These vessels include race boats, rescue boats, tow boats, 
and picket boats associated with the race.
    (2) 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 Corpus 
Christi in the enforcement of the regulated area
    (b) Location. The following area is a special local regulation: All 
waters of the Corpus Christi Bayfront area contained within the North 
Entrance to the Corpus Christi Marina. The western and eastern 
boundaries are the structures that physically construct the North 
Entrance to the Corpus Christi Marina; respectively, S. Southshore Line 
Blvd. and the three Breakwater walls. The northern boundary is a 
straight line running from the entrance of the Corpus Christi Art 
Museum Pier Security Fence (approx 27[deg]48'37.6'' N/097[deg]32'34.3'' 
W) to the northern most tip of the breakwater walls (approx 
27[deg]48'31.1'' N/097[deg]23'27.2'' W). The southern boundary is a 
straight line running from the intersection of Mann St. and S. 
Southshore Line Blvd. (approx 27[deg]48'03.5'' N/097[deg]23'28.1'' W) 
to the southernmost tip of the breakwater walls (approx 
27[deg]48'09.5'' N/097[deg]23'18.1'' W).
    (c) Enforcement Period. This regulation will be enforced on 
February 18, 2012 from 6:45 a.m. to 8:15 a.m. and 11:45 a.m. to 1:15 
p.m., and on February 19, 2012 from 6:45 a.m. to 9:45 a.m., or until 
swim the for each race is complete.
    (d) Regulations.
    (1) In accordance with the general regulations for marine events 
detailed in Sec.  100.35, 100.40, and 100.801 of this part, entry into 
this zone is prohibited to all vessels except participant vessels and 
those vessels specifically authorized by the Captain of the Port, 
Corpus Christi, designated Coast Guard Patrol Commander or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the Captain of the Port, Corpus Christi, 
designated Coast Guard Patrol Commander or a designated representative. 
They may be contacted on VHF Channel 13 or 16, or by telephone at (361) 
939-6349.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port, Corpus Christi, designated Coast Guard Patrol 
Commander or a designated representative.
    (e) Informational Broadcasts. The Captain of the Port Corpus 
Christi or a designated representative will inform the public through 
broadcast notice to mariners when special local regulations have been 
established and if there are changes to the enforcement period for this 
special local regulation.

    Dated: November 23, 2011.
J.R. Pasch,
Captain, U.S. Coast Guard, Captain of the Port, Corpus Christi.
[FR Doc. 2012-785 Filed 1-17-12; 8:45 am]
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