[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14963-14965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5968]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0030]
RIN 1625-AA08


Special Local Regulation; Moss Point Rockin' the Riverfront 
Festival; O'Leary Lake; Moss Point, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for a portion of O'Leary Lake, Moss Point, MS, on April 28-
29, 2012. This action is necessary for the safeguarding of participants 
and spectators, including crews, vessels, and persons on navigable 
waters during the Moss Point Rockin' the Riverfront Festival high speed 
boat races. Entry into, transiting in or anchoring in this area is 
prohibited to all vessels not registered with the sponsor as 
participants or not part of the regatta patrol, unless specifically 
authorized by the Captain of the Port (COTP) Mobile or a designated 
representative.

DATES: This rule is effective from 11 a.m. on April 28, 2012, until 4 
p.m. on April 29, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0030 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0030 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays and 
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex 
South Broad Street Mobile, AL 36615, between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Lenell J. Carson, Coast Guard Sector 
Mobile, Waterways Division; telephone 251-441-5940 or email 
[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) 
or providing a comment period with respect to this rule. The Coast 
Guard received an application for a Marine Event Permit on December 23, 
2011 from the Moss Point Main Street Association to conduct a high 
speed boat race. After reviewing the details of the event and the 
permit application, the Coast Guard determined that a special local 
regulation is needed. Delaying or foregoing this safety measure to 
provide a comment period would be contrary to the public interest. The 
special local regulation is needed to safeguard persons and vessels 
from safety hazards associated with the Moss Point Rockin' the 
Riverfront Festival high speed boat races. The Coast Guard believes 
that the public's desire to have the race at the scheduled time is 
greater than the imposition on navigation which this regulation will 
impose, and that the public interest favors enacting this regulation 
without publishing an NPRM.

Basis and Purpose

    The Moss Point Main Street Association applied for a Marine Event 
Permit to conduct a high speed boat race on O'Leary Lake, Moss Point, 
MS on April 28-29, 2012. This event will draw in a large number of 
pleasure craft and the high speed boats pose a significant safety 
hazard to both vessels and mariners operating in or near the area. The 
COTP Mobile is establishing a temporary special local regulation for a 
portion of O'Leary Lake, Moss Point, MS, to safeguard persons and 
vessels during the high speed boat races.

[[Page 14964]]

    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this special local regulation is deemed necessary 
for the safeguard of life and property within the COTP Mobile zone.

Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation for a portion of O'Leary Lake, Moss Point, MS, enclosed by a 
bounded area starting at a point on the shore at approximately 
30[deg]25'11.0'' N, 088[deg]32'24.4'' W, then east to 30[deg]25'12.9'' 
N, 088[deg]32'18.0'' W, then south to 30[deg]24'50.9'' N, 
088[deg]32'09.6'' W, then west following the shore line back to the 
starting point at 30[deg]25'11.0'' N, 088[deg]32'24.4'' W. This 
temporary rule will safeguard life and property in this area. Entry 
into, transiting in or anchoring in this zone is prohibited to all 
vessels not registered with the sponsor as participants or not part of 
the regatta patrol, unless specifically authorized by the COTP Mobile 
or a designated representative. They may be contacted on VHF-FM Channel 
16 or through Coast Guard Sector Mobile at 251-441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners of changes in the effective 
period for the special local regulation. This rule is effective from 11 
a.m. until 4 p.m. on April 28-29, 2012.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    The special local regulation listed in this rule will only restrict 
vessel traffic from entering, transiting, or anchoring within a small 
portion of O'Leary Lake, Moss Point, MS. The effect of this regulation 
will not be significant for several reasons: (1) This rule will only 
affect vessel traffic for a short duration; (2) vessels may request 
permission from the COTP to transit through the regulated area; and (3) 
the impacts on routine navigation are expected to be minimal. 
Notifications to the marine community will be made through broadcast 
notice to mariners. These notifications will allow the public to plan 
operations around the regulated area.

Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. However, when an 
agency is not required to publish an NPRM for a rule, the RFA does not 
require an agency to prepare a regulatory flexibility analysis. The 
Coast Guard was not required to publish an NPRM for this rule for the 
reasons stated in the section titled ``Regulatory Information'' and 
therefore is not required to publish a regulatory flexibility analysis.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in affected portions of O'Leary Lake during the high speed 
boat races. This special local regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The zone is limited in size, is of short duration 
and vessel traffic may request permission from the COTP Mobile or a 
designated representative to enter or transit through the regulated 
area.

Assistance for Small Entities

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

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and 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 will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and

[[Page 14965]]

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.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves establishing a special 
local regulation, requiring a permit wherein an analysis of the 
environmental impact of the regulations was performed. Under figure 2-
1, paragraph (34)(h.), of the Instruction, an environmental analysis 
checklist and a categorical exclusion determination are not required 
for this rule.

List of Subjects 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T08-0030 to read as follows:


Sec.  100.35T08-0030  Special Local Regulation; O'Leary Lake; Moss 
Point, MS.

    (a) Regulated Area. The following area is a regulated area: a 
portion of O'Leary Lake, Moss Point, MS, enclosed by a bounded area 
starting at a point on the shore at approximately 30[deg]25'11.0'' N, 
088[deg]32'24.4'' W, then east to 30[deg]25'12.9'' N, 088[deg]32'18.0'' 
W, then south to 30[deg]24'50.9'' N, 088[deg]32'09.6'' W, then west 
following the shore line back to the starting point at 30[deg]25'11.0'' 
N, 088[deg]32'24.4'' W.
    (b) Enforcement dates. This rule will be enforced from 11 a.m. 
until 4 p.m. on April 28-29, 2012.
    (c) Special Local Regulations.
    (1) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander. The Patrol 
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call 
sign ``PATCOM''.
    (2) All Persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer and will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated 
area during the effective dates and times, unless cleared for entry by 
or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
local regulations at the conclusion of the event.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the regulated area as 
well as any changes in the planned schedule.

    Dated: February 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-5968 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P