Special Local Regulations:
Federal Register Volume 76, Number 195 (Friday, October 7, 2011)
Rules and Regulations
Pages 62298-62301
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-26115
DEPARTMENT OF HOMELAND SECURITY
Coast Guard 33 CFR Part 100
Docket No. USCG-2011-0830
RIN 1625-AA08
Special Local Regulations; Line of Sail Marine Parade, East River and Brunswick River, Brunswick, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing special local regulations on the waters of the East River and the Brunswick River in Brunswick,
Georgia during the Line of Sail Marine Parade on Saturday, October 8, 2011. The marine parade will consist of approximately 10 to 20 vessels.
The marine parade will begin at Brunswick
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Landing Marina. From Brunswick Landing Marina, the marine parade will transit southeast on the East River, head east on the Brunswick River, and then turn around at St. Simons Pier. The marine parade will then return to Brunswick Landing Marina by the same route. These special local regulations are necessary to provide for the safety of life on navigable waters during the marine parade. The special local regulations consist of a series of moving buffer zones around participant vessels as they transit from Brunswick Landing Marina to
St. Simons Pier and back. Persons and vessels that are not participating in the marine parade are prohibited from entering, transiting through, anchoring in, or remaining within any of the buffer zones unless authorized by the Captain of the Port Savannah or a designated representative.
DATES: This rule is effective from 11 a.m. until 3 p.m. on October 8, 2011.
ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2011-0830 and are available online by going to http://www.regulations.gov, inserting USCG-2011-0830 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, call or e-mail Marine Science Technician Third
Class Rolando Nodal, Marine Safety Unit Savannah, Coast Guard; telephone 912-652-4353, e-mail Rolando.A.Nodal2@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 a notice of proposed rulemaking (NPRM) with respect to this rule. The Coast Guard did not receive notice of the Line of Sail Marine Parade with sufficient time to publish an NPRM or to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because spectators and spectator vessels are anticipating the event taking place on the scheduled time. The special local regulations are needed to minimize risk to and provide separation between marine parade participants, participant vessels, spectators, and the public.
For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to establish special local regulations: 33 U.S.C. 1233.
The purpose of the rule is to insure safety of life on the navigable waters during the Line of Sail Marine Parade.
Discussion of Rule
On October 8, 2011, the Line of Sail Marine Parade will be held on the East River and the Brunswick River in Brunswick, Georgia. The marine parade will consist of approximately 10 to 20 vessels. The marine parade will begin at Brunswick Landing Marina, transit southeast on the East River, head east on the Brunswick River, and then turn around at St. Simons Pier. The marine parade will then return to
Brunswick Landing Marina by the same route.
The special local regulations consist of a series of buffer zones around vessels participating in the Line of Sail Marine Parade. These buffer zones are as follows: (1) All waters within 500 yards of the lead marine parade vessel; (2) all waters within 100 yards of the last marine parade vessel; and (3) all waters within 50 yards of all marine parade vessels. Notice of the special local regulations, including the identities of the lead marine parade vessel and the last marine parade vessel, will be provided prior to the event by Local Notice to Mariners and Broadcast Notice to Mariners. These special local regulations will be enforced from 11 a.m. until 3 p.m. on October 8, 2011. Persons and vessels are prohibited from entering, transiting through, anchoring, or remaining within the buffer zones unless authorized by the Captain of the Port Savannah or a designated representative. Persons and vessels desiring to enter, transit through, anchor in, or remain within any of the buffer zones may contact the Captain of the Port Savannah by telephone at 912-652-4353, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within any of the buffer zones is granted by the Captain of the Port Savannah or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Savannah or a designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This 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, 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.
The economic impact of this rule is not significant for the following reasons: (1) The special local regulations will be enforced for only four hours; (2) although persons and vessel will not be able to enter, transit through, anchor in, or remain within any of the buffer zones without authorization from the Captain of the Port
Savannah or a designated representative, they may operate in the surrounding area during the enforcement period; (3) persons and vessels may still enter, transit through, anchor in, or remain within the buffer zones if authorized by the Captain of the Port Savannah or a designated representative; and (4) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this 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
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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 may affect the following entities, some of which may be small entities: the owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the
East River and the Brunswick River encompassed within the special local regulations from 11 a.m. until 3 p.m. on October 8, 2011. For the reasons discussed in the Executive Order 12866 and Executive Order 13563 section above, this rule will not have a significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process.
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 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.
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).
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.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this 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.
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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction. This rule involves special local regulations issued in conjunction with a marine parade. Under figure 2-1, paragraph (34)(h), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for 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 a temporary Sec. 100.T07-0830 to read as follows:
Page 62301
Sec. 100.T07-0830 Special Local Regulations; Line of Sail Marine
Parade, East River and Brunswick River, Brunswick, GA.
(a) Regulated Area. (1) The following buffer zones are regulated areas during the Line of Sail Marine Parade:
(i) All waters within 500 yards of the lead marine parade vessel;
(ii) All waters within 100 yards of the last marine parade vessel; and
(iii) All waters within 50 yards of all marine parade vessels.
(2) The identities of the lead marine parade vessel and the last marine parade vessel will be provided prior to the marine parade by
Local Notice to Mariners and Broadcast Notice to Mariners. The marine parade will begin at Brunswick Landing Marina. From Brunswick Landing
Marina, the marine parade will transit southeast on the East River, head east on the Brunswick River, and then turn around at St. Simons
Pier. The marine parade will then return to Brunswick Landing Marina by the same route.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated areas unless authorized by the Captain of the Port Savannah or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the
Port Savannah by telephone at 912-652-4353, or a designated representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within the regulated areas is granted by the Captain of the Port Savannah or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.
(c) Effective date. This rule is effective from 11 a.m. until 3 p.m. on October 8, 2011.
Dated: September 15, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
FR Doc. 2011-26115 Filed 10-5-11; 11:15 am
BILLING CODE 9110-04-P
