[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44689-44693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18287]


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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, 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its safety of life on navigable 
waters regulations by adding two Special Local Regulations within the 
Captain of the Port Detroit Zone on the Maumee River,

[[Page 44690]]

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: This rule is effective without actual notice August 1, 2014. For 
the purposes of enforcement, actual notice will be used from July 19, 
2014, until August 1, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
number USCG-2012-0714. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Daniel O'Leary, Response Department, Marine Safety 
Unit Toledo, Coast Guard; telephone (419) 418-6041, email 
[email protected]. If you have questions on viewing material to 
the docket, call Cheryl Collins, 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
SNPRM Supplemental Notice of Proposed Rulemaking

A. 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). The NPRM proposed to amend 33 CFR 
Part 100 to add a special local regulation for the Partnership in 
Education Dragon Boat Race on the Maumee River, Toledo, OH. We did not 
request public meeting, and no public meetings were held for the NPRM. 
However, one public comment was received in response to the NPRM 
publication in the Federal Register, which we addressed in the 
Discussion of Proposed Rule section of a May 9, 2014 supplemental 
notice of proposed rulemaking (79 FR 26661) entitled Special Local 
Regulation; Annual Events on the Maumee River.
    In that SNPRM, the Coast Guard proposed further amending 33 CFR 
Part 100 to add a special local regulation for the Frogtown Races which 
is also conducted on the Maumee River, Toledo, OH. We did not request a 
public meeting, and no public meetings were held for the SNPRM. 
Additionally, no public comments were received in response to the SNPRM 
publication in the Federal Register.
    Although the Coast Guard provided prior notice and an opportunity 
to comment on these proposed Special Local Regulations, we find that 
good cause exists for making this final rule effective less than 30 
days after publication in the Federal Register to accommodate the 2014 
Partnership in Education, Dragon Boat Races, which is scheduled for 
July 19, 2014. Waiting 30 days after publication for this rule to take 
effect would be impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to enforce the 
Special Local Regulation for this annual event to mitigate the extra 
and unusual hazards associated with the annual event.

B. 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.

C. Discussion of Comments, Changes and the Final Rule

    As stated in the Regulatory History and Information section, the 
Coast Guard received one comment in response to the September 10, 2012 
NPRM publication. The comment noted a clause in the preamble of the 
NPRM that ``the races will stop for oncoming freighter or commercial 
traffic,'' was not included in proposed regulatory text and recommended 
that the clause should be included. In the May 9, 2014 SNPRM, we 
concurred with the comment and included the clause in the proposed 
regulatory text of the rule. Although the Coast Guard's position 
remains unchanged on this comment, we note the event permitting process 
includes communication of the event between sponsors and local 
commercial entities, with the goal of coordinating event schedules with 
commercial vessel arrivals or departures. Public and sponsor concerns 
with vessel traffic are taken into consideration during the permitting 
process.
    As a change from the SNPRM, this rule includes language reflecting 
the enforcement of the Special Local Regulation for the Partnership in 
Education, Dragon Boat Races from 6 a.m. to 6 p.m. on July 19, 2014.
    The Captain of the Port Detroit will establish the following 
Special Local Regulations:
    Dragon Boat Races, Maumee River, Toledo, OH: This Special Local 
Regulation encompasses 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. 
For 2014, the Captain of the Port Detroit will enforce this Special 
Local Regulation from 6 a.m. to 6 p.m. on July 19, 2014.
    Frogtown Races, Maumee River, Toledo, OH: The 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 will be enforced 
annually on the third or fourth Saturday in September. The exact dates 
and times will be issued annually via a Notice of Enforcement.

[[Page 44691]]

D. Regulatory Analyses

    We developed this rule 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

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this rule is not a significant 
regulatory action because we anticipate that it 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, established by this rule, 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 rule on 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 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.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
special local regulations will be enforced 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.

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 this 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 entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

4. 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).

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 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will 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 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 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.

11. 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.

12. 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. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards of The National 
Technology Transfer and Advancement Act (15 U.S.C. 272 note).

14. Environment

    We have analyzed this rule under Department of Homeland Security

[[Page 44692]]

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 which does not individually or cumulatively have a significant 
effect on the human environment. This 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 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 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. Add Sec.  100.927 to read as follows:


Sec.  100.927  Special Local Regulation, 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. However, for 2014, this 
section will be enforced from 6 a.m. to 6 p.m. on July 19, 2014.
    (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.''

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,

[[Page 44693]]

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: July 16, 2014.
S.B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2014-18287 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P