Security Zones; Captain of the Port Lake Michigan; Technical Amendment, 79536-79537 [2011-32860]
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79536
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
accommodate the annual July 4th
fireworks show. Should inclement
weather prevent the fireworks event
from taking place as planned, the draw
need not open from 9:40 p.m. until
11:15 p.m. on July 5th to accommodate
the annual July 4th fireworks show.
(4) On the third or fourth Wednesday
of August, the draw will open every two
hours on the hour from 10 a.m. until
4 p.m. and need not open from 4 p.m.
until 8 p.m. to accommodate the annual
Air Show.
*
*
*
*
*
Dated: November 24, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2011–32735 Filed 12–21–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0489]
RIN 1625–AA87
Security Zones; Captain of the Port
Lake Michigan; Technical Amendment
Coast Guard, DHS
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
the contact information for Security
Zones in Sector Lake Michigan. This
action is necessary because the
telephone number is incorrect as well as
the frequency of VHF Channel 16. These
corrections will ensure the ability of
persons or vessels that wish to request
permission to transit these areas.
DATES: This rule is effective December
22, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0489 and are available online by going
to www.regulations.gov, inserting
USCG–2011–0489 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 rule, contact
or email CWO Jon Grob, U.S. Coast
Guard Sector Lake Michigan, at (414)
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:24 Dec 21, 2011
Jkt 226001
747–7188 or Jon.K.Grob@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 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 notice
and comment is unnecessary. This rule
is minor and merely technical in nature
in that it simply amends a telephone
number and a radio frequency used for
contacting the Captain of the Port Lake
Michigan.
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. Good cause exists because
delaying the effective date is
unnecessary. This rule is minor and
merely technical in nature in that it
simply amends a telephone number and
a radio frequency that is used for
contacting the Captain of the Port Lake
Michigan.
Background and Purpose
The Captain of the Port Lake
Michigan has previously established a
listing of security zones in the Chicago
area. These security zones exist in 33
CFR 165.910. Persons desiring to transit
the areas of these security zones must
contact the Captain of the Port Lake
Michigan by either telephone number or
via VHF Channel 16. Currently, 33 CFR
165.910 provides an incorrect telephone
number as well as an incorrect radio
frequency for VHF Channel 16.
Discussion of Rule
The Captain of the Port Lake
Michigan is publishing this final rule to
correct the telephone number and radio
frequency currently published in 33
CFR 165.910 for the Captain of the Port
Lake Michigan. This correction is
necessary so that the public may contact
the appropriate Coast Guard office to
receive permission to transit the
security zones listed in 33 CFR 165.910.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard determined that this
rule is not a significant regulatory action
because it is only a correction of the
contact information in the previous rule,
not a substantive change of the
regulation.
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 will have no effect on small
entities because it is purely minor and
technical in nature in that it merely
corrects the telephone number and radio
frequency for the point of contact for the
Captain of the Port Lake Michigan.
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
could 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
E:\FR\FM\22DER1.SGM
22DER1
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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.
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.
jlentini on DSK4TPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:24 Dec 21, 2011
Jkt 226001
79537
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.
regulation in that it updates a telephone
number and a radio frequency, and thus,
paragraph (34)(a), of the Instruction
applies. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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.
List of Subjects in 33 Part 165
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)(a), of the Instruction. This rule
involves an editorial revision to a
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. In § 165.910, revise paragraph (b)(3)
to read as follows:
■
§ 165.910 Security Zones; Captain of the
Port Lake Michigan.
*
*
*
*
*
(b) * * *
(3) Persons who would like to transit
through a security zone in this section
must contact the Captain of the Port
Lake Michigan at telephone number
(414) 747–7182 or on VHF channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels shall comply
with the instructions of the Captain of
the Port Lake Michigan or his or her
designated representative.
*
*
*
*
*
Dated: December 2, 2011.
C.W. Tenney,
Commander, U.S. Coast Guard, Acting
Captain of the Port Lake Michigan.
[FR Doc. 2011–32860 Filed 12–21–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0721; FRL–9609–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Adhesives and Sealants
Rule
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\22DER1.SGM
22DER1
Agencies
[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79536-79537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32860]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0489]
RIN 1625-AA87
Security Zones; Captain of the Port Lake Michigan; Technical
Amendment
AGENCY: Coast Guard, DHS
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the contact information for
Security Zones in Sector Lake Michigan. This action is necessary
because the telephone number is incorrect as well as the frequency of
VHF Channel 16. These corrections will ensure the ability of persons or
vessels that wish to request permission to transit these areas.
DATES: This rule is effective December 22, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0489 and are available online
by going to www.regulations.gov, inserting USCG-2011-0489 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 rule,
contact or email CWO Jon Grob, U.S. Coast Guard Sector Lake Michigan,
at (414) 747-7188 or Jon.K.Grob@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 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 notice and comment is unnecessary.
This rule is minor and merely technical in nature in that it simply
amends a telephone number and a radio frequency used for contacting the
Captain of the Port Lake Michigan.
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. Good cause exists because delaying
the effective date is unnecessary. This rule is minor and merely
technical in nature in that it simply amends a telephone number and a
radio frequency that is used for contacting the Captain of the Port
Lake Michigan.
Background and Purpose
The Captain of the Port Lake Michigan has previously established a
listing of security zones in the Chicago area. These security zones
exist in 33 CFR 165.910. Persons desiring to transit the areas of these
security zones must contact the Captain of the Port Lake Michigan by
either telephone number or via VHF Channel 16. Currently, 33 CFR
165.910 provides an incorrect telephone number as well as an incorrect
radio frequency for VHF Channel 16.
Discussion of Rule
The Captain of the Port Lake Michigan is publishing this final rule
to correct the telephone number and radio frequency currently published
in 33 CFR 165.910 for the Captain of the Port Lake Michigan. This
correction is necessary so that the public may contact the appropriate
Coast Guard office to receive permission to transit the security zones
listed in 33 CFR 165.910.
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
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard determined that this rule is not a significant
regulatory action because it is only a correction of the contact
information in the previous rule, not a substantive change of the
regulation.
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 will have no effect on small entities because it is
purely minor and technical in nature in that it merely corrects the
telephone number and radio frequency for the point of contact for the
Captain of the Port Lake Michigan.
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 could 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
[[Page 79537]]
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
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.
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)(a), of
the Instruction. This rule involves an editorial revision to a
regulation in that it updates a telephone number and a radio frequency,
and thus, paragraph (34)(a), of the Instruction applies. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec. 165.910, revise paragraph (b)(3) to read as follows:
Sec. 165.910 Security Zones; Captain of the Port Lake Michigan.
* * * * *
(b) * * *
(3) Persons who would like to transit through a security zone in
this section must contact the Captain of the Port Lake Michigan at
telephone number (414) 747-7182 or on VHF channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels shall comply with the instructions of the Captain
of the Port Lake Michigan or his or her designated representative.
* * * * *
Dated: December 2, 2011.
C.W. Tenney,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2011-32860 Filed 12-21-11; 8:45 am]
BILLING CODE 9110-04-P