[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25075-25077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10255]


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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.

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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 http://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 [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 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