Special Local Regulations; ODBA Draggin on the Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC, 24433-24436 [2012-9647]
Download as PDF
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules
V. Environmental Analysis
32. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.45 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.46 The actions proposed to
be taken here fall within categorical
exclusions in the Commission’s
regulations for rules that are corrective,
clarifying, or procedural, for
information gathering, analysis, and
dissemination, and for sales, exchange,
and transportation of electric power that
requires no construction of facilities.47
Therefore an environmental review is
unnecessary and has not been prepared
in this rulemaking.
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VI. Regulatory Flexibility Act
Certification
33. The Regulatory Flexibility Act of
1980 (RFA) 48 generally requires an
administrative agency to perform an
analysis of rulemakings that will have a
significant economic impact on a
substantial number of small entities.
The RFA mandates consideration of
regulatory alternatives that accomplish
the stated objectives of a proposed
rulemaking while minimizing any
significant economic impact on a
substantial number of small entities.
The Small Business Administration
(SBA) develops the numerical definition
of a small business.49 The SBA has
established a size standard for electric
utilities, stating that a firm is small if,
including its affiliates, it is primarily
engaged in the transmission, generation,
and/or distribution of electric energy for
sale and its total electric output for the
preceding fiscal year did not exceed
four million megawatt hours.50
34. The regulations proposed here
impose requirements only on RTOs and
ISOs, which are not small businesses.
Moreover, these requirements are
designed to benefit all customers,
including small businesses.
Accordingly, the Commission hereby
certifies, pursuant to section 605(b) of
the RFA,51 that the regulations proposed
herein will not have a significant
45 Regulations
Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
46 18 CFR 380.4.
47 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and
380.4(a)(27).
48 5 U.S.C. 601–612.
49 13 CFR 121.101.
50 13 CFR 121.201, Sector 22 Utilities n.1.
51 5 U.S.C. 605(b).
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17:33 Apr 23, 2012
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economic impact on a substantial
number of small entities.
VII. Comment Procedures
35. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due June 25, 2012.
Comments must refer to Docket No.
RM05–5–020, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
36. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
37. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
38. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VIII. Document Availability
39. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington DC 20426.
40. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
41. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
PO 00000
Frm 00009
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24433
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 38
Conflicts of interests, Electric power
plants, Electric utilities, Incorporation
by reference, Reporting and
recordkeeping requirements.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend Part 38,
Chapter I, Title 18, Code of Federal
Regulations, as follows.
PART 38—BUSINESS PRACTICE
STANDARDS AND COMMUNICATION
PROTOCOLS FOR PUBLIC UTILITIES
1. The authority citation for part 38
continues to read as follows:
Authority: 16 U.S.C. 791–825r, 2601–2645;
31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Section 38.2 is amended by revising
paragraph (a)(12) and adding paragraph
(a)(13) to read as follows:
§ 38.2 Incorporation by reference of
North American Energy Standards
Board Wholesale Electric Quadrant
standards.
(a) * * *
(12) Business Practices for
Measurement and Verification of
Wholesale Electricity Demand Response
(WEQ–015, 2010 Annual Plan Items 4(a)
and 4(b), March 21, 2011).
(13) Business Practice Standards for
Measurement and Verification of Energy
Efficiency Products (WEQ–021, 2010
Annual Plan Item 4(d), May 13, 2011).
*
*
*
*
*
[FR Doc. 2012–9809 Filed 4–23–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0201]
RIN 1625–AA08
Special Local Regulations; ODBA
Draggin on the Waccamaw, Atlantic
Intracoastal Waterway, Bucksport, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules
The Coast Guard proposes to
establish special local regulations on the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
ODBA Draggin on the Waccamaw, a
series of high-speed boat races. The
event is scheduled to take place on
Saturday, June 23, 2012, and Sunday,
June 24, 2012. Approximately 40 highspeed race boats are anticipated to
participate in the races. These special
local regulations are necessary to
provide for the safety of life and
property on navigable waters of the
United States during the event. These
special local regulations would
temporarily restrict vessel traffic in a
portion of the Atlantic Intracoastal
Waterway. Persons and vessels that are
not participating in the races would be
prohibited from entering, transiting
through, anchoring in, or remaining
within the restricted area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 15, 2012. Requests for
public meetings must be received by the
Coast Guard on or before April 30, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0201 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
‘‘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 Ensign John
Santorum, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
John.R.Santorum@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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17:33 Apr 23, 2012
Jkt 226001
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–2012–0201],
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, type the
docket number [USCG–2012–0201] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
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–
PO 00000
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0201’’ 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 on or before April 30, 2012 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.
Basis and Purpose
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish special local regulations: 33
U.S.C. 1233. The purpose of the
proposed rule is to insure safety of life
and property on the navigable waters of
the United States during the ODBA
Draggin on the Waccamaw boat races.
Discussion of Proposed Rule
On Saturday, June 23, 2012, and
Sunday, June 24, 2012 the Outboard
Drag Boat Association (ODBA) will host
Draggin on the Waccamaw, a series of
high-speed boat races. The event will be
held on a portion of the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina. Approximately 40 highspeed race boats are anticipated to
participate in the races.
The proposed rule would establish
special local regulations that encompass
certain waters of the Intracoastal
Waterway in Bucksport, South Carolina.
The special local regulations would be
enforced daily from 11:30 a.m. until
7:30 p.m. on June 23, 2012 through June
24, 2012. The special local regulations
would consist of a regulated area around
vessels participating in the event. The
regulated area would be as follows: All
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules
waters of the Atlantic Intracoastal
Waterway encompassed within an
Imaginary line connecting the following
points; starting at point 1 in position
33°39′11.46″ N 079°05′36.78″ W; thence
west to point 2 in position 33°39′12.18″
N 079°05′47.76″ W; thence south to
point 3 in position 33°38′39.48″ N
079°05′37.44″ W; thence east to point 4
in position 33°38′42.3″ N 079°05′30.6″
W; thence north back to origin. All
coordinates are North American Datum
1983. Persons and vessels would be
prohibited from entering, transiting
through, anchoring, or remaining within
the regulated area unless specifically
authorized by the Captain of the Port
Charleston or a designated
representative. Persons and vessels
would be able to request authorization
to enter, transit through, anchor in, or
remain within the regulated area by
contacting the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization would be
required to comply with the instructions
of the Captain of the Port Charleston or
a designated representative. The Coast
Guard would provide notice of the
regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
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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
Executive Orders 13563, Improving
Regulation and Regulatory Review, and
12866, Regulatory Planning and Review,
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has not been designated
a significant regulatory action under
section 3(f) of Executive Order 12866.
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17:33 Apr 23, 2012
Jkt 226001
Accordingly, the Office of Management
and Budget has not reviewed this
proposed rule under Executive Order
12866.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The special local regulations
would be enforced for only sixteen
hours over a two-day period; (2)
although persons and vessel would not
be able to enter, transit through, anchor
in, or remain within the regulated area
without authorization from the Captain
of the Port Charleston or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement periods; (3) persons
and vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated area if authorized
by the Captain of the Port Charleston or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the regulated area to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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
would not have a significant economic
impact on a substantial number of small
entities. This rule may affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to enter,
transit through, anchor in, or remain
within that portion of the Atlantic
Intracoastal Waterway encompassed
within the regulated area from 11:30
a.m. until 7:30 p.m. on June 23, 2012
and June 24, 2012. For the reasons
discussed in the Regulatory Planning
and Review section above, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
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
PO 00000
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24435
this proposed 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 the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Ensign John Santorum, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email
John.R.Santorum@uscg.mil. 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 would call 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 the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘For Further
Information Contact’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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 proposed rule would not
result in such an expenditure, we do
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 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 might
disproportionately affect children.
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
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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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
that this action is one of a category of
17:33 Apr 23, 2012
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
Indian Tribal Governments
VerDate Mar<15>2010
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing special local
regulations issued in conjunction with a
marine regatta, as described in figure 2–
1, paragraph (34)(h), of the Instruction.
Under figure 2–1, paragraph (34)(h) of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this proposed rule. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
Jkt 226001
2. Add a temporary § 100.35T07–0201
to read as follows:
§ 100.35T07–0201 Special Local
Regulations; ODBA Draggin on the
Waccamaw, Atlantic Intracoastal Waterway,
Bucksport, SC.
(a) Regulated Area. The following
regulated area isestablished as a special
local regulation: All waters of the
Atlantic Intracoastal Waterway
encompassed within an Imaginary line
connecting the following points; starting
at point 1 in position 33°39′11.46″ N
079°05′36.78″ W; thence west to point 2
in position 33°39′12.18″ N
079°05′47.76″ W; thence south to point
3 in position 33°38′39.48″ N
079°05′37.44″ W; thence east to point 4
in position 33°38′42.3″ N 079°05′30.6″
W; thence north back to origin. All
coordinates are North American Datum
1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated area.
(c) Regulations.
(1) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at (843) 740–
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
7050, or a designated representative via
VHF radio on channel 16 to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Periods. This rule
will be enforced from 11:30 a.m. until
7:30 p.m. daily on June 23, 2012 and
June 24, 2012.
Dated: April 2, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2012–9647 Filed 4–23–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0347; FRL–9662–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Milwaukee-Racine
Nonattainment Area; Determination of
Attainment for the 2006 24-Hour Fine
Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Milwaukee-Racine,
Wisconsin area has attained the 2006
24-hour fine particle (PM2.5) National
Ambient Air Quality Standard
(NAAQS). This proposed determination
is based upon quality assured, quality
controlled, and certified ambient air
monitoring data, from the 2008–2010
monitoring period, supplemented by
statistical analysis of these data,
showing that the area has monitored
attainment of the 2006 24-hour PM2.5
NAAQS. Data available to date for 2011
are consistent with continued
attainment. On March 7, 2011, the
Wisconsin Department of Natural
Resources (WDNR) requested that EPA
approve its request for a determination
that the Milwaukee-Racine area has
attained the standard. If EPA finalizes
this proposed determination, the
requirement for the State of Wisconsin
SUMMARY:
E:\FR\FM\24APP1.SGM
24APP1
Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Proposed Rules]
[Pages 24433-24436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9647]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0201]
RIN 1625-AA08
Special Local Regulations; ODBA Draggin on the Waccamaw, Atlantic
Intracoastal Waterway, Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations on the Atlantic Intracoastal Waterway in Bucksport, South
Carolina during the ODBA Draggin on the Waccamaw, a series of high-
speed boat races. The event is scheduled to take place on Saturday,
June 23, 2012, and Sunday, June 24, 2012. Approximately 40 high-speed
race boats are anticipated to participate in the races. These special
local regulations are necessary to provide for the safety of life and
property on navigable waters of the United States during the event.
These special local regulations would temporarily restrict vessel
traffic in a portion of the Atlantic Intracoastal Waterway. Persons and
vessels that are not participating in the races would be prohibited
from entering, transiting through, anchoring in, or remaining within
the restricted area unless authorized by the Captain of the Port
Charleston or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before May 15, 2012. Requests for public meetings must be
received by the Coast Guard on or before April 30, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0201 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 ``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 Ensign John Santorum, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
John.R.Santorum@uscg.mil. If you have questions on viewing 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-2012-0201], 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,
type the docket number [USCG-2012-0201] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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-2012-0201'' 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 on or before April 30, 2012 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.
Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233. The
purpose of the proposed rule is to insure safety of life and property
on the navigable waters of the United States during the ODBA Draggin on
the Waccamaw boat races.
Discussion of Proposed Rule
On Saturday, June 23, 2012, and Sunday, June 24, 2012 the Outboard
Drag Boat Association (ODBA) will host Draggin on the Waccamaw, a
series of high-speed boat races. The event will be held on a portion of
the Atlantic Intracoastal Waterway in Bucksport, South Carolina.
Approximately 40 high-speed race boats are anticipated to participate
in the races.
The proposed rule would establish special local regulations that
encompass certain waters of the Intracoastal Waterway in Bucksport,
South Carolina. The special local regulations would be enforced daily
from 11:30 a.m. until 7:30 p.m. on June 23, 2012 through June 24, 2012.
The special local regulations would consist of a regulated area around
vessels participating in the event. The regulated area would be as
follows: All
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waters of the Atlantic Intracoastal Waterway encompassed within an
Imaginary line connecting the following points; starting at point 1 in
position 33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to point
2 in position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to
point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence
east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W;
thence north back to origin. All coordinates are North American Datum
1983. Persons and vessels would be prohibited from entering, transiting
through, anchoring, or remaining within the regulated area unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels would be able to request
authorization to enter, transit through, anchor in, or remain within
the regulated area by contacting the Captain of the Port Charleston by
telephone at (843) 740-7050, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the regulated area is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization would be required to comply with
the instructions of the Captain of the Port Charleston or a designated
representative. The Coast Guard would provide notice of the regulated
areas by Local Notice to Mariners, Broadcast Notice to Mariners, and
on-scene designated representatives.
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
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has not been designated a significant
regulatory action under section 3(f) of Executive Order 12866.
Accordingly, the Office of Management and Budget has not reviewed this
proposed rule under Executive Order 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only sixteen hours over a two-day period; (2) although
persons and vessel would not be able to enter, transit through, anchor
in, or remain within the regulated area without authorization from the
Captain of the Port Charleston or a designated representative, they
would be able to operate in the surrounding area during the enforcement
periods; (3) persons and vessels would still be able to enter, transit
through, anchor in, or remain within the regulated area if authorized
by the Captain of the Port Charleston or a designated representative;
and (4) the Coast Guard would provide advance notification of the
regulated area to the local maritime community by Local Notice to
Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 would not have a significant economic impact on a substantial
number of small entities. This rule may affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within that
portion of the Atlantic Intracoastal Waterway encompassed within the
regulated area from 11:30 a.m. until 7:30 p.m. on June 23, 2012 and
June 24, 2012. For the reasons discussed in the Regulatory Planning and
Review section above, this proposed rule would not have a significant
economic impact on a substantial number of small entities.
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 proposed 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 the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Ensign John
Santorum, Sector Charleston Office of Waterways Management, Coast
Guard; telephone (843) 740-3184, email John.R.Santorum@uscg.mil. 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 would call 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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 proposed rule would not result in such an
expenditure, we do
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discuss the effects of this proposed rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 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
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 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
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
Technical Standards
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 that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing special local regulations issued in conjunction
with a marine regatta, as described in figure 2-1, paragraph (34)(h),
of the Instruction. Under figure 2-1, paragraph (34)(h) of the
Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this proposed rule. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.35T07-0201 to read as follows:
Sec. 100.35T07-0201 Special Local Regulations; ODBA Draggin on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.
(a) Regulated Area. The following regulated area isestablished as a
special local regulation: All waters of the Atlantic Intracoastal
Waterway encompassed within an Imaginary line connecting the following
points; starting at point 1 in position 33[deg]39'11.46'' N
079[deg]05'36.78'' W; thence west to point 2 in position
33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to point 3 in
position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence east to point
4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W; thence north back
to origin. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
(c) Regulations.
(1) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16 to request authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(2) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Periods. This rule will be enforced from 11:30 a.m.
until 7:30 p.m. daily on June 23, 2012 and June 24, 2012.
Dated: April 2, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-9647 Filed 4-23-12; 8:45 am]
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