Safety Zone; International Bridge 50th Anniversary Celebration Fireworks, St Mary's River, U.S. Army Corps of Engineers Locks, Sault Sainte Marie, MI, 21893-21896 [2012-8808]
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
21893
for larger commercial vessels, as
needed.
(2) From January 1 through March 14,
the draw shall open on signal if notice
is given at least 12 hours in advance of
intended passage.
Dated: March 11, 2012.
M.N. Parks,
Rear Admiral, U. S. Coast Guard,
Commander, Ninth Coast Guard District.
[FR Doc. 2012–8813 Filed 4–11–12; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
revise 33 CFR part 117 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
33 CFR Part 165
1. The authority citation for part 117
continues to read as follows:
[Docket No. USCG–2012–0200]
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.1101 to read as
follows:
Safety Zone; International Bridge 50th
Anniversary Celebration Fireworks, St
Mary’s River, U.S. Army Corps of
Engineers Locks, Sault Sainte Marie,
MI
§ 117.1101
AGENCY:
Sturgeon Bay.
(a) The Bayview (SR 42/57) Bridge,
mile 3.0 at Sturgeon Bay, shall open on
signal, except from December 1 through
March 14, the draw shall open on signal
if notice is given at least 12 hours in
advance of intended passage.
(b) The draw of the Maple-Oregon
Bridge, mile 4.17 at Sturgeon Bay, shall
open on signal, except as follows:
(1) From March 15 through December
31, need open on signal for recreational
vessels only on the quarter hour and
three-quarter hour, 24 hours a day, if
needed. However, if more than 10
vessels have accumulated at the bridge,
or vessels are seeking shelter from
severe weather, the bridge shall open on
signal. This drawbridge, along with the
Michigan Street drawbridge, shall open
simultaneously for larger commercial
vessels, as needed.
(2) From January 1 through March 14,
the draw shall open on signal if notice
is given at least 12 hours in advance of
intended passage.
(c) The draw of the Michigan Street
Bridge, mile 4.3 at Sturgeon Bay, shall
open on signal, except as follows:
(1) From March 15 through December
31, need open on signal for recreational
vessels only on the hour and half-hour,
24 hours a day, if needed. However if
more than 10 vessels have accumulated
at the bridge, or vessels are seeking
shelter from severe weather, the bridge
shall open on signal. This drawbridge,
along with the Maple-Oregon Street
drawbridge, shall open simultaneously
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Coast Guard
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a safety zone in the Captain of
the Port Sault Sainte Marie zone. This
proposed safety zone is intended to
restrict vessels from certain portions of
water areas within Sector Sault Sainte
Marie Captain of the Port zone, as
defined by 33 CFR 3.45–45. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
SUMMARY:
Comments and related materials
must be received by the Coast Guard on
or before May 14, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0200 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
DATES:
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email MST3 Kevin Moe,
Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone
(906) 253–2429, email
Kevin.D.Moe@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0200),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0200’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
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unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0200’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one by using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On the evening of 28 June 2012, The
International Bridge Administration will
be celebrating the International Bridge
50th Anniversary. As part of that
celebration, fireworks will be launched
from the northeast pier of the U.S. Army
Corp of Engineers Soo Locks. The
Captain of the Port Sault Sainte Marie
has determined that the fireworks event
poses various hazards to the public,
including explosive dangers associated
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with fireworks, and debris falling into
the water.
Discussion of Proposed Rule
To safeguard against the dangers
posed by the International Bridge 50th
Anniversary Celebration fireworks, the
Captain of the Port Sault Sainte Marie
has determined that a temporary safety
zone is necessary. Thus, the Captain of
the Port Sault Sainte Marie proposes to
establish a safety zone on the St. Mary’s
River to include all waters within a 750foot radius around the eastern portion of
the U.S. Army Corp of Engineers Soo
Locks North East Pier, centered in
position: 46°30′19.66″ N, 084°20′31.61″
W.
This proposed safety zone will be
effective and enforced from 10 p.m.
until 12 p.m. on June 28, 2012. Entry
into, transiting, or anchoring within the
proposed safety zone is prohibited
unless authorized by the Captain of the
Port Sector Sault Sainte Marie, or his
on-scene representative. All persons and
vessels authorized to enter the proposed
safety zone shall comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
representative. The Captain of the Port
or his on-scene representative may be
contacted via VHF Channel 16.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rulemaking would not be a significant
regulatory action because the safety
zone will be relatively small and
enforced for a relatively short time.
Also, the safety zone is designed to
minimize its impact on navigable waters
in that vessels may still transit
unrestricted portions of the waterways.
Under certain conditions, moreover,
vessels may still transit through the
safety zone when permitted by the
Captain of the Port Sault Sainte Marie.
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
On the whole, the Coast Guard expects
insignificant adverse impact to mariners
from the enforcement of this proposed
safety zone.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
will not have a significant economic
impact on a substantial number of small
entities.
This proposed rule will affect the
following entities, some of which may
be small entities: The owners and
operators of vessels intending to transit
around the eastern portion of the U.S.
Army Corp of Engineers Soo Locks
North East Pier, Sault Sainte Marie
Michigan, between 10 p.m. and 12 p.m.
on June 28, 2012.
This proposed safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reason; this rule will
be in effect for only two hours. Vessel
traffic may still safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Sault Sainte Marie
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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If this proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
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options for compliance, please contact
MST3 Kevin Moe, Prevention
Department, Coast Guard Sector Sault
Sainte Marie, MI at (906) 253–2429. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not affect the
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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
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21895
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. This
proposed rule involves the
establishment of a safety zone and
therefore paragraph (34)(g) of figure
2–1 applies. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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 proposes to
amend 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. Add § 165.T09–0200 to read as
follows:
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§ 165.T09–0200 Safety Zone International
Bridge 50th Anniversary Celebration
Fireworks, St. Mary’s River, U.S. Army
Corps of Engineers Locks, Sault Sainte
Marie, MI.
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of the St. Mary’s River
within a 750-foot radius around the
eastern portion of the U.S. Army Corp
of Engineers Soo Locks North East Pier,
centered in position: 46°30′19.66″ N,
084°20′31.61″ W [DATUM: NAD 83].
(b) Effective and Enforcement period.
This regulation is effective and will be
enforced from 10 p.m. until 12 p.m. on
June 28, 2012.
(1) The Captain of the Port, Sector
Sault Sainte Marie may suspend at any
time the enforcement of the safety zone
established under this section.
(2) The Captain of the Port, Sector
Sault Sainte Marie, will notify the
public of the enforcement and
suspension of enforcement of the safety
zone established by this section via any
means that will provide as much notice
as possible to the public. These means
might include some or all of those listed
in 33 CFR 165.7(a). The primary method
of notification, however, will be through
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Broadcast Notice to Mariners and local
Notice to Mariners.
(c) Definitions. The following
definitions apply to this section:
(1) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Sault Sainte
Marie to monitor these safety zones,
permit entry into these safety zones,
give legally enforceable orders to
persons or vessels within these safety
zones, or take other actions authorized
by the Captain of the Port.
(2) Public vessel means a vessel
owned, chartered, or operated by the
United States or by a State or political
subdivision thereof.
(d) Regulations. (1) The general
regulations in 33 CFR 165.23 apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port Sault
Sainte Marie or a designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel shall proceed as
directed.
(3) When the safety zone established
by this section is being enforced, all
vessels must obtain permission from the
Captain of the Port Sault Sainte Marie
or his or her designated representative
to enter, move within, or exit that safety
zone. Vessels and persons granted
permission to enter the safety zone shall
obey all lawful orders or directions of
the Captain of the Port or his or her
designated representative. While within
the safety zone, all vessels shall operate
at the minimum speed necessary to
maintain a safe course.
(e) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
Dated: March 28, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2012–8808 Filed 4–11–12; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0130, FRL–9658–5]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Nevada; Regional Haze State and
Federal Implementation Plans; BART
Determination for Reid Gardner
Generating Station
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove the
remaining portion of a revision to the
Nevada State Implementation Plan (SIP)
to implement the regional haze program
for the first planning period through
July 31, 2018. This Notice proposes to
approve the chapter of Nevada’s
Regional Haze SIP that requires Best
Available Retrofit Technology (BART)
for emissions limits of oxides of
nitrogen (NOX) from Units 1 and 2 at the
Reid Gardner Generating Station
(RGGS). We are proposing to disapprove
the NOX emissions limit for Unit 3. We
are also proposing to disapprove the
provision of the RGGS BART
determination that sets a 12-month
rolling average for Units 1 through 3.
This Notice proposes to promulgate a
Federal Implementation Plan (FIP) that
establishes certain requirements for
which the State, in a letter dated March
22, 2012, has agreed to submit a SIP
revision. The FIP sets an emissions limit
of 0.20 lbs/MMBtu (pounds per million
British thermal units) for Unit 3 as
BART and requires the determination of
emissions from Units 1 through 3 based
on a 30-day rolling average (averaged
across all three units). In a prior action,
EPA approved Nevada’s Regional Haze
SIP except for its BART determination
for NOX for RGGS Units 1 through 3.
DATES: Comments: Written comments
must be received at the address below
on or before May 14, 2012.
Public Hearing: We will hold a public
hearing in early May at a location near
the Facility. We will post information
on the specifics on our Web site at
https://www.epa.gov/region9/air/actions/
nv.html#haze and by publishing a
notice in a general circulation
newspaper at least 15 days before the
date of the hearing.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2011–0130 by one of the following
methods:
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21893-21896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8808]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0200]
RIN 1625-AA00
Safety Zone; International Bridge 50th Anniversary Celebration
Fireworks, St Mary's River, U.S. Army Corps of Engineers Locks, Sault
Sainte Marie, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone in the
Captain of the Port Sault Sainte Marie zone. This proposed safety zone
is intended to restrict vessels from certain portions of water areas
within Sector Sault Sainte Marie Captain of the Port zone, as defined
by 33 CFR 3.45-45. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.
DATES: Comments and related materials must be received by the Coast
Guard on or before May 14, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0200 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the
[[Page 21894]]
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email MST3 Kevin Moe, Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone (906) 253-2429, email
Kevin.D.Moe@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0200), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0200'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0200'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one by using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On the evening of 28 June 2012, The International Bridge
Administration will be celebrating the International Bridge 50th
Anniversary. As part of that celebration, fireworks will be launched
from the northeast pier of the U.S. Army Corp of Engineers Soo Locks.
The Captain of the Port Sault Sainte Marie has determined that the
fireworks event poses various hazards to the public, including
explosive dangers associated with fireworks, and debris falling into
the water.
Discussion of Proposed Rule
To safeguard against the dangers posed by the International Bridge
50th Anniversary Celebration fireworks, the Captain of the Port Sault
Sainte Marie has determined that a temporary safety zone is necessary.
Thus, the Captain of the Port Sault Sainte Marie proposes to establish
a safety zone on the St. Mary's River to include all waters within a
750-foot radius around the eastern portion of the U.S. Army Corp of
Engineers Soo Locks North East Pier, centered in position:
46[deg]30'19.66'' N, 084[deg]20'31.61'' W.
This proposed safety zone will be effective and enforced from 10
p.m. until 12 p.m. on June 28, 2012. Entry into, transiting, or
anchoring within the proposed safety zone is prohibited unless
authorized by the Captain of the Port Sector Sault Sainte Marie, or his
on-scene representative. All persons and vessels authorized to enter
the proposed safety zone shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. The Captain of the Port or his on-scene representative
may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard determined that this rulemaking would not be a
significant regulatory action because the safety zone will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters in
that vessels may still transit unrestricted portions of the waterways.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port Sault Sainte
Marie.
[[Page 21895]]
On the whole, the Coast Guard expects insignificant adverse impact to
mariners from the enforcement of this proposed safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit around the eastern portion of the U.S. Army Corp
of Engineers Soo Locks North East Pier, Sault Sainte Marie Michigan,
between 10 p.m. and 12 p.m. on June 28, 2012.
This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reason; this rule will be in effect for only two hours. Vessel traffic
may still safely pass outside the safety zone during the event. In the
event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Sault
Sainte Marie 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact MST3 Kevin Moe,
Prevention Department, Coast Guard Sector Sault Sainte Marie, MI at
(906) 253-2429. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
Taking of Private Property
This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
may disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
[[Page 21896]]
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. A preliminary environmental analysis checklist supporting
this preliminary determination is available in the docket where
indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone and therefore paragraph (34)(g) of
figure 2-1 applies. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this
proposed rule.
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 proposes
to amend 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. Add Sec. 165.T09-0200 to read as follows:
Sec. 165.T09-0200 Safety Zone International Bridge 50th Anniversary
Celebration Fireworks, St. Mary's River, U.S. Army Corps of Engineers
Locks, Sault Sainte Marie, MI.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the St. Mary's River within a 750-foot radius
around the eastern portion of the U.S. Army Corp of Engineers Soo Locks
North East Pier, centered in position: 46[deg]30'19.66'' N,
084[deg]20'31.61'' W [DATUM: NAD 83].
(b) Effective and Enforcement period. This regulation is effective
and will be enforced from 10 p.m. until 12 p.m. on June 28, 2012.
(1) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of the safety zone established under this
section.
(2) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of the
safety zone established by this section via any means that will provide
as much notice as possible to the public. These means might include
some or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port.
(2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(d) Regulations. (1) The general regulations in 33 CFR 165.23
apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Sault Sainte Marie or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) When the safety zone established by this section is being
enforced, all vessels must obtain permission from the Captain of the
Port Sault Sainte Marie or his or her designated representative to
enter, move within, or exit that safety zone. Vessels and persons
granted permission to enter the safety zone shall obey all lawful
orders or directions of the Captain of the Port or his or her
designated representative. While within the safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
Dated: March 28, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-8808 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P
