
[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58875-58877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23286]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0839]
RIN 1625-AA08


Special Local Regulation; Frogtown Race Regatta; Maumee River, 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Special Local 
Regulation on the Maumee River, Toledo, Ohio. This Special Local 
Regulation is necessary to protect race participants from other vessel 
traffic. This temporary Special Local Regulation is intended to 
restrict vessels from a portion of the Maumee River during the annual 
Frogtown Race Regatta.

DATES: This rule is effective from 5 a.m. until 7 p.m. on September 28, 
2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0839. To view documents 
mentioned in this preamble as being available in the

[[Page 58876]]

docket, go to http://www.regulations.gov, inserting USCG-2013-0839 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast 
Guard Marine Safety Unit Toledo, at (419) 418-6036 or 
Ian.M.Fallon@uscg.mil. If you have questions on viewing the docket, 
call Barbara Hairston, 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
TFR Temporary Final Rule
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. Additional details regarding emergent event were received 
after the annual permitting process but not received in sufficient time 
for the Coast Guard to solicit public comments before the start of the 
event. Thus, waiting for a notice and comment period to run would 
inhibit the Coast Guard from protecting the public and vessels from the 
hazards associated with the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    On Saturday, September 28, 2013, from 5 a.m. to 7 p.m. an organized 
racing event will take place on the Maumee River in which participants 
rowing 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 
in Toledo, OH. The Captain of the Port Detroit has determined that this 
boat race, which is 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. Establishing a special local regulated area is 
necessary to protect persons and property at these events and help 
minimize the associated risks.

C. Discussion of Rule

    This rule will be effective and enforced 5 a.m. until 7 p.m. on 
September 28, 2013. The Coast Guard requires that all vessels 
transiting the area proceed at a no-wake speed and maintain extra 
vigilance at all times.
    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 or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state or local law enforcement vessel assigned to 
patrol the event.
    This temporary Special Local Regulation will 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.
    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, including a Broadcast Notice to Mariners and Local 
Notice to Mariners.

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 temporary final 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 that Order. We conclude that this 
temporary final 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 temporary 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.

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 
temporary final rule will not have a significant economic impact on a 
substantial number of small entities.
    This temporary final 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 from 5 a.m. until 7 p.m. on September 28, 2012.

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 rule. If the 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 
section above. 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

[[Page 58877]]

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.

4. Collection of Information

    This temporary final rule will 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 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.

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 an 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a special local regulation issued in 
conjunction with a regatta or marine parade and therefore is 
categorically excluded under figure 2-1, paragraph (34)(h), of the 
Instruction. During the annual permitting process for this boat racing 
event an environmental analysis was conducted to include the effects of 
this special local regulation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, 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 temporary Sec.  100.T09-0839 to read as follows:


Sec.  100.T09-0839  Special Local Regulation, Frogtown Race Regatta, 
Toledo, OH.

    (a) Location. 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) Effective and enforcement period. This section will be 
effective and enforced from 5 a.m. until 7 p.m. on September 28, 2013.
    (c) Regulations. (1) Consistent with Sec.  100.901 of this part, 
vessels transiting within the regulated area shall travel at a no-wake 
speed and remain vigilant at all times. Additionally, vessels within 
the regulated area must yield right-of-way for event participants and 
event safety craft. Commercial vessels will have right-of-way over 
event participants, and event safety craft.
    (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.
    (3) Vessel operators entering or operating in the special local 
regulated area must comply with all directions given to them by the 
Captain of the Port, Sector Detroit or his on-scene representative.

    Dated: September 13, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-23286 Filed 9-24-13; 8:45 am]
BILLING CODE 9110-04-P


