[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Proposed Rules]
[Pages 9866-9869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03122]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0015]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for a portion of Robertson Lake & O'Leary Lake, Moss 
Point, MS. This action is necessary for the safeguard of participants 
and spectators, including all crews, vessels, and persons on navigable 
waters during the Moss Point Rockin' the Riverfront Festival high speed 
boat races. Entry into, transiting 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: Comments and related material must be received by the Coast 
Guard on or before March 14, 2013.
    This proposed rule will be effective and enforceable with actual 
notice from 11:00 a.m. until 4:00 p.m. on April 27-28, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0015 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov
    (2) Fax: 202-493-2251.
    (3) Mail: 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.

[[Page 9867]]

    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 proposed 
rule, call or email LT Lenell J. Carson, Coast Guard Sector Mobile, 
Waterways Management Division; telephone (251) 441-5940 or email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, 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
COTP Captain of the Port

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 
proposed rulemaking (USCG-2013-0015), 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-2013-0015) 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 proposed 
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-2013-0015) 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 proposed rulemaking, we will hold 
one at a time and place announced by a later notice in the Federal 
Register.

B. Regulatory History and Information

    The Coast Guard previously created a temporary special local 
regulation for this event when it was held in 2012. That rule was 
published in the Federal Register on March 14, 2012 (77 FR 14963), and 
the requirements of that rule are the same as those in this proposed 
rule.

C. Basis and Purpose

    The Moss Point Main Street Association applied for a Marine Event 
Permit to conduct a high speed boat race on Robertson Lake & O'Leary 
Lake, Moss Point, MS on April 27-28, 2013. 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 proposes to establish a temporary 
special local regulation for a portion of Robertson Lake & O'Leary 
Lake, Moss Point, MS. This proposed temporary special local regulation 
is deemed necessary to safeguard persons and vessels during the high 
speed boat races. The legal basis and authorities for this proposed 
rule are found in 33 U.S.C. 1233 and 33 CFR part 100, which authorizes 
the Coast Guard to propose, establish, and define regulatory special 
local regulations for safety during marine events.
    The COTP anticipates minimal impact on vessel traffic due to this 
proposed regulation. However, the proposed temporary special local 
regulation is deemed necessary for the safeguard of life and property 
within the COTP Mobile zone.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary special local 
regulation for a portion of Robertson Lake & 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 32' 24.4'' W, then east to 
30[deg] 25' 12.9'' N, 088 32' 18.0'' W, then south to 30[deg] 24' 
50.9'' N, 088 32' 09.6'' W, then west following the shore line back to 
the starting point at 30[deg] 25' 11.0'' N, 088 32' 24.4'' W. This 
temporary rule will safeguard life and property in this area. Entry 
into, transiting 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 proposed temporary special local regulation. This 
proposed rule will be effective from 11:00 a.m. until 4:00 p.m. on 
April 27-28, 2013.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and

[[Page 9868]]

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 temporary special local regulation listed in this proposed rule 
will only restrict vessel traffic from entering or transiting a small 
portion of Robertson Lake & 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 
Local Notice to Mariners and Broadcast Notice to Mariners. These 
notifications will allow the public to plan operations around the 
affected area.

2. Impact on 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. 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposed 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 the affected 
portion of the Robertson Lake & O'Leary Lake during the high speed boat 
races. This proposed temporary special local regulation will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The regulated area 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 proposed 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 
have determined that it 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 expenditure, we do discuss the effects of this proposed 
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 proposed 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.

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 9869]]

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 which do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule involves safety for the public and is not expected to 
result in any significant adverse environmental impact as described in 
NEPA. 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 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.T08-0015 to read as follows:


Sec.  100.T08-0015  Special Local Regulation; Moss Point Rockin' the 
Riverfront Festival; Robertson Lake & O'Leary Lake; Moss Point, MS.

    (a) Location. The following area is a regulated area: a portion of 
Robertson Lake & 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 32' 24.4'' W, then east to 30[deg] 25' 12.9'' N, 088 32' 
18.0'' W, then south to 30[deg] 24' 50.9'' N, 088 32' 09.6'' W, then 
west following the shore line back to the starting point at 30[deg] 25' 
11.0'' N, 088 32' 24.4'' W.
    (b) Enforcement dates. This rule will be enforced from 11:00 a.m. 
until 4:00 p.m. on April 27-28, 2013.
    (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: January 21, 2013.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-03122 Filed 2-11-13; 8:45 am]
BILLING CODE 9110-04-P