Safety Zone; City of Beaufort's Tricentennial New Year's Eve Fireworks Display, Beaufort River, Beaufort, SC, 78820-78823 [2011-32485]
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Rules and Regulations
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(e) Effective/applicability date. This
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Steven T. Miller,
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Enforcement.
Approved: December 14, 2011.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury.
[FR Doc. 2011–32487 Filed 12–19–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1112]
RIN 1625–AA00
Safety Zone; City of Beaufort’s
Tricentennial New Year’s Eve
Fireworks Display, Beaufort River,
Beaufort, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Beaufort River, in Beaufort, South
Carolina, during the City of Beaufort’s
Tricentennial New Year’s Eve Fireworks
Display. The safety zone is necessary to
protect the public from the hazards
associated with launching fireworks
over navigable waters of the United
States. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from
5:30 p.m. until 6:50 p.m. on December
31, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1112 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1112 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 email Ensign John
SUMMARY:
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Santorum, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
John.R.Santorum@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 because the
Coast Guard did not receive notice of
the fireworks display until December 1,
2011. As a result, the Coast Guard did
not have sufficient time to publish an
NPRM and to receive public comments
prior to the fireworks display. Any
delay in the effective date of this rule
would be contrary to the public interest
because immediate action is needed to
minimize potential danger to the public
during the fireworks display.
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
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The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to protect
the public from the hazards associated
with launching fireworks over navigable
waters of the United States.
Discussion of Rule
On New Year’s Eve, a fireworks
display will be held in Beaufort, South
Carolina. The fireworks will be
launched from a barge, which will be
located on the Beaufort River. The
fireworks will explode over the Beaufort
River. The fireworks display is
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scheduled to commence at 6 p.m. and
conclude at 6:20 p.m.
The temporary safety zone
encompasses certain waters of the
Beaufort River in Beaufort, South
Carolina. The safety zone will be
enforced from 5:30 p.m. on December
31, 2011, 30 minutes prior to the
scheduled commencement of the
fireworks display at approximately 6
p.m., to ensure the safety zone is clear
of persons and vessels. Enforcement of
the safety zone will cease at 6:50 p.m.
on December 31, 2011, 30 minutes after
the scheduled conclusion of the
fireworks display, to account for
possible delays. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zone may contact the Captain of the Port
Charleston by telephone at (843) 740–
7050, 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 safety zone is granted by the
Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
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.
Regulatory Planning and Review
Executive Orders 13563, Improving
Regulation and Regulatory Review, and
12866, Regulatory Planning and Review,
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a significant
regulatory action under section 3(f) of
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Executive Order 12866. Accordingly,
the Office of Management and Budget
has not reviewed this regulation under
Executive Order 12866.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
only one hour and twenty minutes; (2)
although persons and vessels will not be
able to enter, transit through, anchor in,
or remain within the safety zone
without authorization from the Captain
of the Port Charleston 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 safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (4) the Coast Guard
will provide advance notification of the
safety zone 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
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 Beaufort River
encompassed within the safety zone
from 5:30 p.m. until 6:50 p.m. on
December 31, 2011. For the reasons
discussed in the Regulatory Planning
and Review 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
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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.
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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
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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
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(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)(g), of the Instruction. This rule
involves establishing a temporary safety
zone that will be enforced for a total of
one hour and twenty minutes. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, 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 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–1112 to
read as follows:
■
§ 165.T07–1112 Safety Zone; City of
Beaufort’s Tricentennial New Year’s Eve
Fireworks Display, Beaufort River, Beaufort,
SC.
(a) Regulated Area. The following
regulated area is a safety zone: all waters
of the Beaufort River within a 500 yard
radius of position 32°25′40″ N,
80°40′23″ W. All coordinates are North
American Datum 1983.
(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 Charleston in the
enforcement of the regulated area.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
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Charleston by telephone at (843) 740–
7050, 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 area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 5:30 p.m. until 6:50 p.m.
on December 31, 2011.
Dated: December 9, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2011–32485 Filed 12–19–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AN60
Schedule for Rating Disabilities;
Evaluation of Amyotrophic Lateral
Sclerosis
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its Schedule
for Rating Disabilities by revising the
disability evaluation criterion provided
for amyotrophic lateral sclerosis (ALS)
to provide an evaluation of 100 percent
for any veteran with service-connected
ALS. This change is necessary to
adequately compensate veterans who
suffer from this progressive, untreatable,
and fatal disease. This change is
intended to provide a total disability
rating for any veteran with serviceconnected ALS.
DATES: Effective Date: This final rule is
effective January 19, 2012.
Applicability Date: This final rule
applies to an application for benefits
that:
• Is received by VA on or after
January 19, 2012;
• Was received by VA before January
19, 2012 but has not been decided by a
VA regional office as of that date;
• Is appealed to the Board of
Veterans’ Appeals on or after January
19, 2012;
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SUMMARY:
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• Was appealed to the Board before
January 19, 2012 but has not been
decided by the Board as of that date; or
• Is pending before VA on or after
January 19, 2012 because the Court of
Appeals for Veterans Claims vacated a
Board decision on the application and
remanded it for readjudication.
FOR FURTHER INFORMATION CONTACT:
Nancy A. Copeland, Consultant,
Regulations Staff (211D), Compensation
and Pension Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 461–9428.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On June
23, 2010, VA published in the Federal
Register (75 FR 35711) a proposed rule
that would revise the evaluation
criterion for amyotrophic lateral
sclerosis (ALS) in the VA Schedule for
Rating Disabilities (diagnostic code 8017
in 38 CFR 4.124a, the schedule of
ratings for neurological conditions and
convulsive disorders). The schedule
previously provided a minimum
evaluation of 30 percent for ALS;
however, we determined that providing
a 100-percent evaluation in all cases
would obviate the need to reassess and
reevaluate veterans with ALS repeatedly
over a short period of time, as the
condition worsens and inevitably and
relentlessly progresses to total
disability, and we proposed to increase
the minimum evaluation for ALS to
100 percent.
Comments in Response to Proposed
Rule
A 30-day comment period ended July
23, 2010, and we received comments
from 17 individual members of the
general public and 1 from the
Amyotrophic Lateral Sclerosis
Association. The comments from the
general public included 5 from veterans
who have ALS, 3 from family members
of veterans who have ALS or who died
from ALS, and 1 from an individual
raising claim-specific issues. Fifteen of
the individual commenters expressed
support for the rule. Two of the 15 said
they support the rule ‘‘wholeheartedly,’’
and others used expressions such as ‘‘it
is imperative’’ and ‘‘it is absolutely
vital.’’ We are not making any changes
to the final rule based on these
supportive comments.
In addition, the Amyotrophic Lateral
Sclerosis (ALS) Association strongly
endorsed the proposed rule. It stated
that the establishment of an evaluation
of 100 percent for ALS in all cases, plus
the note under the evaluation criterion
that recommends consideration of
special monthly compensation (SMC)
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78823
(an additional monthly amount of
compensation that may be paid to
veterans with certain serious
disabilities) will help ensure that
veterans with ALS are compensated
appropriately. The ALS Association
recommended that VA adopt special
processing procedures to expedite ALS
claims; however, VA has already
established procedures for handling
hardship cases involving seriously
disabled veterans. Therefore, we are not
making any changes to the final rule
based on this comment.
One commenter said that he would
like to see the 100-percent rating for this
disease given to all veterans, whether or
not they are service-connected.
However, under current law, 38 U.S.C.
1110 and 1131, VA’s authority is limited
to providing compensation to veterans
with service-connected disabilities.
Therefore, as VA is prohibited from
taking the action the commenter
requests, we are not making any changes
to the final rule based on this comment.
One commenter expressed the belief
that revision of the VA rating schedule
in the proposed rulemaking would be
‘‘arbitrary,’’ arguing that ALS was being
evaluated differently from other
neurological disorders. The comment
expressed the belief that the proposed
rule would ‘‘rate multiple disabilities as
a single disability’’ when a possibility of
entitlement to SMC exists, and that the
proposed rule would ‘‘produce
decisions which result in payment at a
rate lower than the veteran is entitled to
now.’’
VA appreciates this comment;
however, this rule does not change the
procedure for evaluating serviceconnected disabilities. It only prescribes
a higher minimum disability rating for
ALS. VA remains required to provide an
evaluation for all service-connected
disabilities, regardless of whether a
veteran already has received a 100percent disability rating for one.
Therefore, all veterans will continue to
receive thorough evaluations for all
service-connected disabilities and
disorders. All veterans who would be
eligible for SMC or ancillary benefits
before the promulgation of this
regulation will remain so.
As the proposed rule explained, ALS
is a rapidly progressing disease, and
establishment of a 100-percent
evaluation for ALS will not adversely
affect how ALS is evaluated for rating
purposes. Although a veteran may
receive compensation at the 100-percent
rate based either on a 100-percent
evaluation specifically for ALS or on a
combined evaluation for ALS and other
service-connected conditions, on either
basis VA may consider the veteran for
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]]>Agencies
[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Rules and Regulations]
[Pages 78820-78823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32485]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1112]
RIN 1625-AA00
Safety Zone; City of Beaufort's Tricentennial New Year's Eve
Fireworks Display, Beaufort River, Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Beaufort River, in Beaufort, South Carolina, during the City of
Beaufort's Tricentennial New Year's Eve Fireworks Display. The safety
zone is necessary to protect the public from the hazards associated
with launching fireworks over navigable waters of the United States.
Persons and vessels are prohibited from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 5:30 p.m. until 6:50 p.m. on
December 31, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1112 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1112 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 email Ensign John
[[Page 78821]]
Santorum, Sector Charleston Office of Waterways Management, Coast
Guard; telephone (843) 740-3184, email John.R.Santorum@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 because the Coast Guard did not receive
notice of the fireworks display until December 1, 2011. As a result,
the Coast Guard did not have sufficient time to publish an NPRM and to
receive public comments prior to the fireworks display. Any delay in
the effective date of this rule would be contrary to the public
interest because immediate action is needed to minimize potential
danger to the public during the fireworks display.
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 regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect the public from the hazards
associated with launching fireworks over navigable waters of the United
States.
Discussion of Rule
On New Year's Eve, a fireworks display will be held in Beaufort,
South Carolina. The fireworks will be launched from a barge, which will
be located on the Beaufort River. The fireworks will explode over the
Beaufort River. The fireworks display is scheduled to commence at 6
p.m. and conclude at 6:20 p.m.
The temporary safety zone encompasses certain waters of the
Beaufort River in Beaufort, South Carolina. The safety zone will be
enforced from 5:30 p.m. on December 31, 2011, 30 minutes prior to the
scheduled commencement of the fireworks display at approximately 6
p.m., to ensure the safety zone is clear of persons and vessels.
Enforcement of the safety zone will cease at 6:50 p.m. on December 31,
2011, 30 minutes after the scheduled conclusion of the fireworks
display, to account for possible delays. Persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port Charleston or a designated representative. Persons and vessels
desiring to enter, transit through, anchor in, or remain within the
safety zone may contact the Captain of the Port Charleston by telephone
at (843) 740-7050, 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 safety zone is granted
by the Captain of the Port Charleston or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the Captain of the Port Charleston or a designated
representative. The Coast Guard will provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
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.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only one
hour and twenty minutes; (2) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the safety
zone without authorization from the Captain of the Port Charleston 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 safety zone if
authorized by the Captain of the Port Charleston or a designated
representative; and (4) the Coast Guard will provide advance
notification of the safety zone 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 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
Beaufort River encompassed within the safety zone from 5:30 p.m. until
6:50 p.m. on December 31, 2011. For the reasons discussed in the
Regulatory Planning and Review 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
[[Page 78822]]
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)(g), of
the Instruction. This rule involves establishing a temporary safety
zone that will be enforced for a total of one hour and twenty minutes.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, 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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-1112 to read as follows:
Sec. 165.T07-1112 Safety Zone; City of Beaufort's Tricentennial New
Year's Eve Fireworks Display, Beaufort River, Beaufort, SC.
(a) Regulated Area. The following regulated area is a safety zone:
all waters of the Beaufort River within a 500 yard radius of position
32[deg]25'40'' N, 80[deg]40'23'' W. All coordinates are North American
Datum 1983.
(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 Charleston in the enforcement of the regulated
area.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Charleston or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port
[[Page 78823]]
Charleston by telephone at (843) 740-7050, 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 area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 5:30 p.m. until
6:50 p.m. on December 31, 2011.
Dated: December 9, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-32485 Filed 12-19-11; 8:45 am]
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