Safety Zone; Kinnickinnic River Containment and Cleanup; Milwaukee, WI, 9847-9850 [2012-3866]
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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations
these regulations, and because these
regulations do not impose a collection
of information on small entities, the
provisions of the Regulatory Flexibility
Act (5 U.S.C. chapter 6) do not apply.
Pursuant to section 7805(f) of the Code,
the proposed regulations preceding
these regulations were submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Drafting Information
The principal author of these
regulations is Karen Walny, Office of the
Associate Chief Counsel (International).
However, other persons from the Office
of Associate Chief Counsel
(International) and the Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 863(a) and 7805
* * *
Par. 2. Section 1.863–10 is added to
read as follows:
■
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§ 1.863–10 Source of income from a
qualified fails charge.
(a) In general. Except as provided in
paragraphs (b) and (c) of this section,
the source of income from a qualified
fails charge shall be determined by
reference to the residence of the
taxpayer as determined under section
988(a)(3)(B)(i).
(b) Qualified business unit exception.
The source of income from a qualified
fails charge shall be determined by
reference to the residence of a qualified
business unit (as defined in section 989)
of a taxpayer if—
(1) The taxpayer’s residence,
determined under section
988(a)(3)(B)(i), is the United States;
(2) The qualified business unit’s
residence, determined under section
988(a)(3)(B)(ii), is outside the United
States;
(3) The qualified business unit is
engaged in the conduct of a trade or
business in the country where it is a
resident; and
(4) The transaction to which the
qualified fails charge relates is
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attributable to the qualified business
unit. A transaction will be treated as
attributable to a qualified business unit
if it satisfies the principles of § 1.864–
4(c)(5)(iii) (substituting ‘‘qualified
business unit’’ for ‘‘U.S. office’’).
(c) Effectively connected income
exception. Qualified fails charge income
that arises from a transaction any
income from which is (or would be if
the transaction produced income)
effectively connected with a United
States trade or business pursuant to
§ 1.864–4(c) is treated as from sources
within the United States, and the
income from the qualified fails charge is
treated as effectively connected to the
conduct of a United States trade or
business.
(d) Qualified fails charge. For
purposes of this section, a qualified fails
charge is a payment that—
(1) Compensates a party to a
transaction that provides for delivery of
a designated security (as defined in
paragraph (e) of this section) in
exchange for the payment of cash
(delivery-versus-payment settlement) for
another party’s failure to deliver the
specified designated security on the
settlement date specified in the relevant
agreement; and
(2) Is made pursuant to—
(i) A trading practice or similar
guidance approved or adopted by either
an agency of the United States
government or the Treasury Market
Practices Group, or
(ii) Any trading practice, program,
policy or procedure approved by the
Commissioner in guidance published in
the Internal Revenue Bulletin.
(e) Designated security. For purposes
of this section, a designated security
means any—
(i) Debt instrument (as defined in
§ 1.1275–1(d)) issued by the United
States Treasury Department, the Federal
National Mortgage Association, the
Federal Home Loan Mortgage
Corporation, or any Federal Home Loan
Bank; or
(ii) Pass-through mortgage-backed
security guaranteed by the Federal
National Mortgage Association, the
Federal Home Loan Mortgage
Corporation, or the Government
National Mortgage Association.
(g) Effective/applicability date. This
section is effective on February 21,
2012. This section applies to a qualified
fails charge paid or accrued on or after
December 8, 2010.
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§ 1.863–10T
■
9847
[Removed]
Par. 3. Section 1.863–10T is removed.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: February 14, 2012.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury,
Tax Policy.
[FR Doc. 2012–3909 Filed 2–17–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505–AC33
Privacy Act of 1974; Implementation
Correction
In rule document 2011–29385
appearing on pages 70640–70644 the
issue of Tuesday, November 15, 2011
make the following correction:
§ 1.36
[Corrected]
On page 70644, in § 1.36, in paragraph
(g)(1)(viii), in the untitled table, the
third row of the table should read:
‘‘IRS 90.002 . . . . . Chief Counsel
Litigation and Advice (Civil) Records’’
■
[FR Doc. C1–2011–29385 Filed 2–17–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0067]
RIN 1625–AA00
Safety Zone; Kinnickinnic River
Containment and Cleanup; Milwaukee,
WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Kinnickinnic River in Milwaukee,
Wisconsin. This zone is intended to
restrict vessels from a portion of the
Kinnickinnic River due to the petroleum
cleanup efforts. This temporary safety
zone is necessary to protect the
surrounding public and vessels from the
hazards associated with the removal of
petroleum product from this area of the
Kinnickinnic River.
SUMMARY:
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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations
This rule is effective in the CFR
on February 21, 2012. This rule is
effective with actual notice for purposes
of enforcement at 7 a.m. on January 30,
2012. This rule will remain in effect
through 7 a.m. on March 1, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0067 and are available online by going
to www.regulations.gov, inserting
USCG–2012–0067 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
rule, contact or email BM1 Adam Kraft,
U.S. Coast Guard Sector Lake Michigan,
at 414–747–7148 or
Adam.D.Kraft@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
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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 an agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 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 dangers
presented by the containment and
cleanup of petroleum product are
immediate and do not allow time for a
notice and comment period. Thus,
waiting for a notice and comment
period to run would be impracticable
and contrary to the public interest in
that it would prevent the Coast Guard
from protecting the public and vessels
on navigable waters from the
aforementioned hazards.
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. For the reasons discussed in
the preceding paragraph, a 30-day
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notice period would be impracticable
and contrary to the public interest.
Background and Purpose
On January 23, 2012 it was discovered
that a large amount of jet fuel is entering
the Kinnickinnic River from an
underground fuel leak in the vicinity of
the airport in Milwaukee, WI. The
Captain of the Port, Sector Lake
Michigan, has determined that the
containment and cleanup poses a
serious risk of injury to persons and
property within this area of the river.
Discussion of Rule
Because of the aforesaid hazards, the
Captain of the Port, Sector Lake
Michigan, has determined that a safety
zone is necessary to protect the public.
The safety zone will encompass all U.S.
navigable waters of Kinnickinnic River
between the West Becher Street Bridge
located at 43°00′37″ N 087°54′51″ W and
the First street bridge located at
43°00′30″ N 087°54′41″ W (NAD 83).
This rule will be enforced from 7 a.m.
on January 30, 2012 until 7 a.m. on
March 1, 2012.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. The Captain of the Port,
Sector Lake Michigan, or his or her
designated representative may be
contacted via VHF Channel 16.
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this 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
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or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone will be in effect along a portion of
the river, given the time of year that has
minimal traffic. Moreover, the most
prominent marine commercial company
in the area has been notified of the
situation and it has chosen to use an
alternate mooring.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will 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 affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor on
a portion of Kinnickinnic River between
7 a.m. on January 30, 2012 and 7 a.m.
on March 1, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Vessel traffic will
be minimal due to the time of year and
the location of the safety zone.
In the event that this temporary safety
zone affects shipping, commercial
vessels may request permission from the
Captain of The Port, Sector Lake
Michigan, or his or her designated
representative to transit through the
safety zone. The Coast Guard will give
notice to the public via a Broadcast to
Mariners that the regulation is in effect.
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
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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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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.
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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 concern 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,
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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.
excluded under paragraph 34(g) of the
Instruction.
A final environmental analysis
checklist and 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 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:
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 which 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 the establishment of a safety
zone and is therefore categorically
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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. Add § 165.T09–0067 to read as
follows:
■
§ 165.T09–0067 Safety Zone; Kinnickinnic
River containment and cleanup, Milwaukee,
Wisconsin.
(a) Location. All waters of the
Kinnickinnic River between the West
Becher Street Bridge located at
43°00′37″ N 087°54′51″ W and the First
Street Bridge located at 43°00′30″ N
087°54′41″ W (NAD 83).
(b) Effective and Enforcement Period.
This rule is effective and will be
enforced from 7 a.m. on January 30,
2012 until 7 a.m. on March 1, 2012. The
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative, may suspend the
enforcement of this safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her onscene representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan, to act
on his or her behalf. The designated
representative of the Captain of the Port,
Sector Lake Michigan, will be on land
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in the vicinity of the safety zone and
will have constant communications
with the on-scene safety vessels.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her designated
representative may be contacted via
VHF Channel 16.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative.
Dated: January 31, 2012.
C. W. Tenney,
Commander, U.S. Coast Guard, Captain of
the Port, Sector Lake Michigan, Acting.
[FR Doc. 2012–3866 Filed 2–17–12; 8:45 am]
BILLING CODE 9110–04–P
Regulatory Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1146]
RIN 1625–AA08
Safety Zone; 2012 Mavericks
Invitational, Half Moon Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
support of the Mavericks Surf
Competition. This temporary safety
zone will establish a temporary safety
zone in vicinity of Pillar Point in the
navigable waters of Half Moon Bay,
California. The regulation will
temporarily restrict vessel traffic in
vicinity of Pillar Point and prohibit
vessels not participating in the surfing
event from entering the dedicated
surfing area and the hazardous waters
surrounding Pillar Point. This
regulation is necessary to provide for
the safety of life on the navigable waters
immediately prior to, during, and
immediately after the surfing
competition.
DATES: Effective Date: This rule is
effective in the CFR from February 21,
2012 until 3 p.m. March 31, 2012. This
rule is effective with actual notice for
purposes of enforcement beginning
7 a.m. January 23, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
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SUMMARY:
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docket are part of docket USCG–2011–
1146 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1146 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
rule, call Lieutenant Junior Grade
DeCarol Davis (415) 399–7443, or email
D11-PF-MarineEvents@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 226001
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
event would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the surf conditions during the
2012 Mavericks Invitational surf
competition, the safety zone is
necessary to provide for the safety of
event participants, spectators, and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
interest to have these regulations in
effect during the event.
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. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the surf conditions
during the 2012 Mavericks Invitational.
Basis and Purpose
The 2012 Mavericks Invitational is a
one day ‘‘Big Wave’’ surfing competition
consisting of the top 24 big wave surfers
and only occurs when 15–20 foot waves
are sustained for over 24 hours and are
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combined with mild easterly winds of
no more than 5–10 knots. The rock and
reef ridges that make up the sea floor of
the Pillar Point area combined with
optimal weather conditions create the
large waves that Mavericks is known
for. Due to the hazardous waters
surrounding Pillar Point at the time of
the surfing competition, the Coast Guard
is establishing a safety zone in vicinity
of Pillar Point that restricts navigation
in the area of the surf competition and
in neighboring hazardous areas.
Discussion of Rule
The Coast Guard is establishing a
safety zone associated with the 2012
Mavericks Invitational surf competition.
The 2012 Mavericks Invitational will
take place on a day that presents
favorable surf conditions between 7 a.m.
Monday January 23, 2012 and 3 p.m.
Saturday March 31, 2012. The 2012
Mavericks Invitational can only occur
when 15–20 foot waves are sustained for
over 24 hours and are combined with
mild easterly winds of no more than
5–10 knots. Unpredictable weather
patterns and the event’s narrow
operating window limit the Coast
Guard’s ability to notify the public of
the event. The Coast Guard will issue
notice of the event as soon as
practicable, and no later than 24 hours
prior via the Broadcast Notice to
Mariners.
The 2012 Mavericks Invitational will
occur on the navigable waters of Half
Moon Bay in vicinity of Pillar Point.
The Coast Guard will enforce a
temporary safety zone bounded by a line
connecting the following coordinates in
the order they appear: 37°29′23″ N,
122°30′04″ W; 37°29′15″ N, 122°30′10″
W; 37°29′17″ N, 122°30′30″ W;
37°29′36″ N, 122°30′16″ W; 37°29′23″ N,
122°30′04″ W; 37°29′36″ N, 122°29′21″
W; 37°29′13″ N, 122°29′25″ W;
37°29′15″ N, 122°29′58″ W; 37°29′23″ N,
122°30′04″ W (NAD 83).
The effect of this temporary safety
zone will be to restrict navigation in the
vicinity of Pillar Point while the 2012
Mavericks Invitational is taking place.
During the enforcement period,
unauthorized persons or vessels are
prohibited from transiting through,
anchoring, blocking, or loitering in the
safety zone without permission of the
COTP or PATCOM. Vessels desiring to
enter or operate in the safety zone shall
do so with COTP or PATCOM
permission via VHF–23A or through the
24-hour Command Center telephone at
(415) 399–3547.
This safety zone is needed to keep
spectators and vessels a safe distance
away from the event participants and
the hazardous waters surrounding Pillar
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]]>Agencies
[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Rules and Regulations]
[Pages 9847-9850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3866]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0067]
RIN 1625-AA00
Safety Zone; Kinnickinnic River Containment and Cleanup;
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Kinnickinnic River in Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of the Kinnickinnic River due to the
petroleum cleanup efforts. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the removal of petroleum product from this area of the
Kinnickinnic River.
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DATES: This rule is effective in the CFR on February 21, 2012. This
rule is effective with actual notice for purposes of enforcement at 7
a.m. on January 30, 2012. This rule will remain in effect through 7
a.m. on March 1, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0067 and are available online
by going to www.regulations.gov, inserting USCG-2012-0067 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 rule, contact or email BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Adam.D.Kraft@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 an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 dangers presented by the
containment and cleanup of petroleum product are immediate and do not
allow time for a notice and comment period. Thus, waiting for a notice
and comment period to run would be impracticable and contrary to the
public interest in that it would prevent the Coast Guard from
protecting the public and vessels on navigable waters from the
aforementioned hazards.
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. For the reasons discussed in the
preceding paragraph, a 30-day notice period would be impracticable and
contrary to the public interest.
Background and Purpose
On January 23, 2012 it was discovered that a large amount of jet
fuel is entering the Kinnickinnic River from an underground fuel leak
in the vicinity of the airport in Milwaukee, WI. The Captain of the
Port, Sector Lake Michigan, has determined that the containment and
cleanup poses a serious risk of injury to persons and property within
this area of the river.
Discussion of Rule
Because of the aforesaid hazards, the Captain of the Port, Sector
Lake Michigan, has determined that a safety zone is necessary to
protect the public. The safety zone will encompass all U.S. navigable
waters of Kinnickinnic River between the West Becher Street Bridge
located at 43[deg]00[min]37[sec] N 087[deg]54[min]51[sec] W and the
First street bridge located at 43[deg]00[min]30[sec] N
087[deg]54[min]41[sec] W (NAD 83). This rule will be enforced from 7
a.m. on January 30, 2012 until 7 a.m. on March 1, 2012.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
The Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this 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 safety zone will be in
effect along a portion of the river, given the time of year that has
minimal traffic. Moreover, the most prominent marine commercial company
in the area has been notified of the situation and it has chosen to use
an alternate mooring.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor on a portion of Kinnickinnic River between 7 a.m. on
January 30, 2012 and 7 a.m. on March 1, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic will be minimal due to the time of year and the location of the
safety zone.
In the event that this temporary safety zone affects shipping,
commercial vessels may request permission from the Captain of The Port,
Sector Lake Michigan, or his or her designated representative to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast to Mariners that the regulation is in
effect.
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
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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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 concern 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 which 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 the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis checklist and 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0067 to read as follows:
Sec. 165.T09-0067 Safety Zone; Kinnickinnic River containment and
cleanup, Milwaukee, Wisconsin.
(a) Location. All waters of the Kinnickinnic River between the West
Becher Street Bridge located at 43[deg]00'37'' N 087[deg]54'51'' W and
the First Street Bridge located at 43[deg]00'30'' N 087[deg]54'41'' W
(NAD 83).
(b) Effective and Enforcement Period. This rule is effective and
will be enforced from 7 a.m. on January 30, 2012 until 7 a.m. on March
1, 2012. The Captain of the Port, Sector Lake Michigan, or his or her
designated representative, may suspend the enforcement of this safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Sector Lake Michigan, or his or her designated
representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port,
Sector Lake Michigan, to act on his or her behalf. The designated
representative of the Captain of the Port, Sector Lake Michigan, will
be on land
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in the vicinity of the safety zone and will have constant
communications with the on-scene safety vessels.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her designated representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port, Sector Lake Michigan, or his or her designated
representative.
Dated: January 31, 2012.
C. W. Tenney,
Commander, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan,
Acting.
[FR Doc. 2012-3866 Filed 2-17-12; 8:45 am]
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