
[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Proposed Rules]
[Pages 55436-55439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22153]



[[Page 55436]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


Special Local Regulation; Partnership in Education, Dragon Boat 
Race; Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes establishing a permanent Special 
Local Regulation on the Maumee River, Toledo, Ohio. This regulation is 
intended to regulate vessel movement in portions of the Maumee River 
during the annual Dragon Boat Races. This special local regulated area 
is necessary to protect race participants from other vessel traffic.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 10, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0714 using any one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
    Fax: 202-493-2251.
    Mail or Delivery: 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.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LTJG Benjamin Nessia, Response Department, MSU 
Toledo, Coast Guard; telephone (419) 418-6040, email 
Benjamin.B.Nessia@uscg.mil. 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

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, 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 (via 
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 via 
www.regulations.gov, it will be considered received by the Coast Guard 
when the comment is successfully transmitted; a comment submitted via 
fax, hand delivery, or mail, 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 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[frac12] 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 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 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. 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 May 11, 2011, 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 (Docket Number USCG-2011-0211, 76 FR 27284). No public 
comments were received; a public meeting was not requested, and no 
public meetings were held. However, the Coast Guard elected not to 
publish a final rule (FR) following that 2011 NPRM. Given the length of 
time since the 2011 NPRM comment period ended, the Coast Guard has 
decided to again solicit public comments for this annual event. In 
addition to the 2011 NPRM, the Coast Guard established a temporary 
final rule (TFR) earlier this year to establish Special Local 
Regulations for the 2012 occurrence of this event (full text not 
published in the Federal Register). Because of the application 
submission by the sponsoring organization was delayed in 2012, the 
Coast Guard used the ``Good Cause'' exception to the Notice & Comment 
requirement of the Administrative Procedure Act.

C. Basis and Purpose

    Each year, an organized racing event takes place on the Maumee 
River in which participants paddle Hong Kong

[[Page 55437]]

style Dragon Boats from International Park to Owens Corning on the 
Maumee River in Toledo, OH. This recurring event is known as the Dragon 
Boat races. The Captain of the Port Detroit has determined that this 
dragon boat race in close proximity to other watercraft and in the 
shipping channel poses a significant risk to public safety and 
property. Thus, the Captain of the Port Detroit has determined it 
necessary to establish a permanent Special Local Regulation around the 
location of the race's course to ensure the safety of persons and 
property at this annual event and help minimize the associated risks.

D. Discussion of Proposed Rule

    As suggested above, this proposed rule is intended to ensure safety 
of the public and vessels during the Dragon Boat Races. This proposed 
rule will become effective 30 days after the final rule is published in 
the Federal Register. However, the Special Local Regulation will only 
be enforced annually on the third or fourth Saturday in July from 6:00 
a.m. until 6:00 p.m. Vessel traffic may proceed down the West side of 
the river at a no wake speed during racing. The races will stop for 
oncoming freighter or commercial traffic. The on-scene representative 
may be present on any Coast Guard, state or local law enforcement, or 
sponsor provided vessel assigned to patrol the event. The on-scene 
representatives may permit vessels to transit the area when no race 
activity is occurring. Coast Guard proposes that all vessels transiting 
the area shall proceed at a no-wake speed and maintain extra vigilance 
at all times.
    This Special Local Regulation will 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 
the Owens Corning building at position 41[deg]38'47.37'' N; 
083[deg]32'2.05'' W. These coordinates are North American Datum of 1983 
(NAD 83).
    The Captain of the Port will notify the affected segments of the 
public of the enforcement of this Special Local Regulation by all 
appropriate means. Means of notification may include publication of 
Notice of Enforcement (NOE) in the Federal Register, Broadcast Notice 
to Mariners, and Local Notice to Mariners.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 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, 
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 proposed 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 
Regulation 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 whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule will affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in the portion of 
the Maumee River discussed above annually on the third or fourth 
Saturday of July from 6:00 a.m. until 6:00 p.m.
    This proposed Special Local Regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: This rule will be enforced for approximately twelve 
hours the day of its effective period. 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 committee 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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If this proposed rule would affect your small business, organization, 
or governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LTJG Benjamin 
Nessia, Response Department, MSU Toledo, Coast Guard; telephone (419) 
418-6040, email Benjamin.B.Nessia@uscg.mil. 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

[[Page 55438]]

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 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 will meet 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 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

    We have analyzed this proposed 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.

13. 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 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 involves the 
establishment of a Special Local Regulation and is therefore 
categorically excluded under figure 2-1, paragraph (34)(h), of the 
Instruction. During the annual permitting process for this Dragon Boat 
Race event an environmental analysis will be conducted, and thus, no 
preliminary environmental analysis checklist or Categorical Exclusion 
Determination (CED) will be required for this rulemaking action. 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

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

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.921 to read as follows:


Sec.  100.921  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, 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 
the Owens Corning building at position 41[deg]38'47.37'' N; 
083[deg]32'2.05'' W. These coordinates are North American Datum of 1983 
(DATUM: NAD 83).
    (b) Enforcement Period. These Special Local Regulations will be 
enforced annually on the third or fourth Saturday of July from 6:00 
a.m. until 6:00 p.m. The exact dates and times will be determined 
annually and published annually in the Federal Register via a Notice of 
Enforcement.
    (c) Special Local Regulations.
    (1) In accordance with the general regulations in section Sec.  
100.901 of this part, vessels transiting within the regulated area 
shall travel at a no-wake speed and remain vigilant for vessels 
participating in the event. Additionally, vessels shall yield right-of-
way for event participants and event safety craft and shall follow 
directions given by the Coast Guard's on-scene representative or by 
event representatives during the event.
    (2) The ``on-scene representative'' of the Captain of the Port, 
Sector Detroit is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port, Sector 
Detroit to act on his behalf. The on-scene representative of the 
Captain of the Port, Sector Detroit will be aboard either a Coast Guard 
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector 
Detroit or his designated on scene representative may be contacted via 
VHF Channel 16.


[[Page 55439]]


    Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2012-22153 Filed 9-7-12; 8:45 am]
BILLING CODE 9110-04-P


