[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Proposed Rules]
[Pages 26661-26664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10625]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0714]
RIN 1625-AA08


Special Local Regulation; Annual Events on the Maumee River

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations by adding 
two Special Local Regulations within the Captain of the Port Detroit 
Zone on the Maumee River, Toledo, Ohio. These special local regulated 
areas are necessary to protect spectators, participants, and vessels 
from the hazards associated with these races. These regulations are 
intended to regulate vessel movement in portions of the Maumee River 
during the annual Dragon Boat Races and Frogtown Races.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 9, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0714 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.
    (4) Hand delivery: Same as mail address above; deliveries are 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Jennifer M. Disco, Response Department, Marine 
Safety Unit Toledo, Coast Guard; telephone (419)418-6036, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
Sec.  Section

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 (USCG-2012-0714), 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 the comment is 
successfully transmitted. If you fax, hand deliver, or mail your 
comment, it will be considered as having been received by the Coast 
Guard when the comment 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-2012-0714) 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-2012-0714) 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

[[Page 26662]]

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 four 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. Regulatory History and Information

    On September 10, 2012, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Special Local Regulation; 
Partnership in Education Dragon Boat Race, Maumee River Toledo, OH in 
the Federal Register (77 FR 55436; USCG-2012-0714). One public comment 
was received in response to the September 10, 2012 NPRM publication in 
the Federal Register, which will be addressed in the Discussion of 
Proposed Rule section; a public meeting was not requested, and no 
public meetings were held.
    In this supplemental notice of proposed rulemaking, in addition to 
amending 33 CFR part 100 for the Dragon Boat Race, we are proposing a 
special local regulation for the Frogtown Races which is also conducted 
on the Maumee River.

C. Basis and Purpose

    Each year, two organized racing events take place on the Maumee 
River. The Dragon Boat Races, in which participants paddle Hong Kong-
style Dragon Boats from International Park at approximate River Mile 
4.45 to just south of the mouth of Swan Creek at approximate River Mile 
4.77 on the Maumee River, Toledo, OH; and the Frogtown Races, in which 
participants row shell boats from the Norfolk and Southern Bridge at 
River Mile 1.80 to the Anthony Wayne Bridge at River Mile 5.16 on the 
Maumee River, Toledo, OH. The Captain of the Port Detroit has 
determined that these boat races, which are in close proximity to 
watercraft and in the shipping channel pose extra and unusual hazards 
to public safety and property, including potential collisions, 
allisions, and individuals falling in the water. Thus, the Captain of 
the Port Detroit has determined it necessary to establish a permanent 
Special Local Regulation around each location of these two races to 
ensure the safety of persons and property at these annual events and to 
help minimize the associated risks.

D. Discussion of Proposed Rule

    The Captain of the Port Detroit proposes to establish the following 
special local regulations:
    Dragon Boat Races, Maumee River, Toledo, OH: In response to the 
Dragon Boat Race 2012 NPRM, a commenter noted that a clause in the 
preamble of the NPRM stated that ``the races will stop for oncoming 
freighter or commercial traffic'' did not appear in the regulatory 
text, but that it should. The Coast Guard concurs with this 
recommendation, and has inserted this clause in the Dragon Boat 
Festival SLR proposed regulatory text. See paragraph (c)(1) of proposed 
Sec.  100.927.
    The Dragon Boat Festival special local regulation would encompass 
all navigable waters of the United States on the Maumee River, Toledo, 
OH, bound by a line extending from a point on land just north of the 
Cherry Street Bridge at position 41[deg]39'5.27'' N; 083[deg]31'34.01'' 
W straight across the river along the Cherry Street bridge to position 
41[deg] 39'12.83'' N; 083[deg] 31'42.58'' W and a line extending from a 
point of land just south of International Park at position 
41[deg]38'46.62'' N; 083[deg]31'50.54'' W straight across the river to 
the shore adjacent to position 41[deg]38'47.37'' N; 083[deg]32'2.05'' W 
(NAD 83). It would be enforced annually on the third or fourth Saturday 
in July. The exact dates and times would be issued annually via a 
Notice of Enforcement.
    Frogtown Races, Maumee River, Toledo, OH: This Special Local 
Regulation would encompass all U.S. waters on the Maumee River, Toledo, 
OH from the Norfolk and Southern Railway Bridge at River Mile 1.80 to 
the Anthony Wayne Bridge at River Mile 5.16. It would be enforced 
annually on the third or fourth Saturday in September. The exact dates 
and times would be issued annually via a Notice of Enforcement.

E. Regulatory Analyses

    We developed these proposed rules after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    These proposed rules are not significant regulatory actions under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and do not require assessments 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. They are not ``significant'' under 
the regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that these proposed rules are not 
significant regulatory actions because we anticipate that they will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues.
    The Special Local Regulations will be relatively small and be 
enforced for a relatively short time. Thus, restrictions on vessel 
movement within that particular area are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through the 
area when permitted by the Captain of the Port.

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.
    These proposed rules would affect the following entities, some of 
which may be small entities: the owners and operators of vessels 
intending to transit or anchor in the areas designated as special local 
regulations during the dates and times the special local regulations 
are being enforced.
    These proposed Special Local Regulations will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: These rules will be enforced for 
approximately 12 hours the 1 day each is enforced annually. In 
addition, on-scene representatives will allow vessels to transit along 
the Western side of the river at a slow no wake speed. The race 
committees will stop the races for any oncoming commercial traffic.
    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 rule would economically affect it.

[[Page 26663]]

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 would call for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. 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 an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

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

    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 
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 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.

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 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 is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Commandant Instruction because it involves the establishment of a 
special local regulation. A preliminary environmental analysis 
checklist supporting this determination is 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 record keeping 
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.  100.927 to read as follows:


Sec.  100.927  Special Local Regulations, Partnership in Education, 
Dragon Boat Festival, Toledo, OH.

    (a) Regulated area. The regulated area includes all U.S. navigable 
waters of the Maumee River, Toledo, OH, between a line starting from a 
point on land just north of the Cherry Street Bridge at position 
41[deg]39'5.27'' N; 083[deg]31'34.01'' W straight across the river 
along the Cherry Street bridge to position 41[deg]39'12.83'' N; 
083[deg]31'42.58'' W and a line extending from a point of land just 
south of International Park at position 41[deg]38'46.62'' N; 
083[deg]31'50.54'' W straight across the river to the shore just south 
of the mouth of Swan Creek at position 41[deg]38'47.37'' N; 
083[deg]32'2.05'' W (NAD 83).
    (b) Enforcement period. This section will be enforced annually on 
the third or fourth Saturday of July. The exact dates and times would 
be issued annually via a Notice of Enforcement.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regatta area under the direction of a designated Coast Guard Patrol 
Commander. 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. Vessels will be operated at a no wake speed to reduce 
the wake to a minimum, in a manner which will not endanger participants 
in the event or any other craft and remain vigilant for event 
participants and safety craft. Additionally, vessels must yield right-
of-way for event participants and event safety craft and must follow 
directions given by the Coast Guard's Patrol Commander. The rules 
contained in the above two sentences do not apply to participants in 
the event or vessels of the patrol operating in the performance

[[Page 26664]]

of their assigned duties. Commercial vessels will have right-of-way 
over event participants and event safety craft. The races will stop for 
oncoming freighter or commercial traffic and will resume after the 
vessel has completed its passage through the regulated area. The Patrol 
Commander may direct the anchoring, mooring, or movement of any boat or 
vessel within the regatta area. A succession of sharp, short signals by 
whistle or horn from vessels patrolling the area under the direction of 
the U.S. Coast Guard Patrol Commander shall serve as a signal to stop. 
Vessels so signaled must stop and comply with the orders of the Patrol 
Commander. Failure to do so may result in expulsion from the area, 
citation for failure to comply, or both. The Patrol Commander may 
establish vessel size and speed limitations and operating conditions 
and may restrict vessel operation within the regatta area to vessels 
having particular operating characteristics. The Patrol Commander may 
terminate the marine event or the operation of any vessel at any time 
it is deemed necessary for the protection of life and property.
    (2) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give 
legally enforceable orders to persons or vessels within the regatta 
area, and take other actions authorized by the Captain of the Port. The 
Patrol Commander will be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 
(156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''
0
3. Add Sec.  100.928 to read as follows:


Sec.  100.928  Special Local Regulations, Frogtown Race Regatta, 
Toledo, OH.

    (a) Regulated Area. The regulated area includes all U.S. navigable 
waters of the Maumee River, Toledo, OH, from the Norfolk and Southern 
Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River 
Mile 5.16.
    (b) Enforcement period. This section will be enforced annually on 
the third or fourth Saturday of September. The exact dates and times 
would be issued annually via a Notice of Enforcement.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regatta area under the direction of a designated Coast Guard Patrol 
Commander. 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. Vessels will be operated at a no wake speed to reduce 
the wake to a minimum, in a manner which will not endanger participants 
in the event or any other craft and remain vigilant for event 
participants and safety craft. Additionally, vessels must yield right-
of-way for event participants and event safety craft and must follow 
directions given by the Coast Guard's Patrol Commander. The rules 
contained in the above two sentences do not apply to participants in 
the event or vessels of the patrol operating in the performance of 
their assigned duties. Commercial vessels will have right-of-way over 
event participants and event safety craft. The races will stop for 
oncoming freighter or commercial traffic and will resume after the 
vessel has completed its passage through the regulated area. The Patrol 
Commander may direct the anchoring, mooring, or movement of any boat or 
vessel within the regatta area. A succession of sharp, short signals by 
whistle or horn from vessels patrolling the area under the direction of 
the U.S. Coast Guard Patrol Commander shall serve as a signal to stop. 
Vessels so signaled must stop and comply with the orders of the Patrol 
Commander. Failure to do so may result in expulsion from the area, 
citation for failure to comply, or both. The Patrol Commander may 
establish vessel size and speed limitations and operating conditions 
and may restrict vessel operation within the regatta area to vessels 
having particular operating characteristics. The Patrol Commander may 
terminate the marine event or the operation of any vessel at any time 
it is deemed necessary for the protection of life and property.
    (2) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give 
legally enforceable orders to persons or vessels within the regatta 
area, and take other actions authorized by the Captain of the Port. The 
Patrol Commander will be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 
(156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''

    Dated: April 28, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-10625 Filed 5-8-14; 8:45 am]
BILLING CODE 9110-04-P