Safety Zone; Crowley Barge 750-2, Bayou Casotte, Pascagoula, MS, 24840-24843 [2012-10215]
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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations
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.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves certain regulations for vessels
navigating the waters of the Magothy
River, in Sillery Bay, and fits within the
category in paragraph 34(g) because it
establishes a safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 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 § 165.513 to read as follows:
§ 165.513 Safety Zone; Magothy River,
Sillery Bay, MD.
(a) Regulated area. The following area
is a safety zone: All waters of the
Magothy River, in Sillery Bay, contained
within lines connecting the following
positions: From position latitude
39°04′40″ N, longitude 076°27′44″ W;
thence to position latitude 39°04′48″ N,
longitude 076°27′19″ W; thence to
position latitude 39°04′59″ N, longitude
076°27′45″ W; thence to position
latitude 39°04′59″ N, longitude
076°28′01″ W; thence to position
latitude 39°04′41″ N, longitude
076°27′51″ W; thence to the point of
origin at position latitude 39°04′40″ N,
longitude 076°27′44″ W. All coordinates
reference Datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port Baltimore
means the Commander, U.S. Coast
Guard Sector Baltimore, Maryland.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Baltimore to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones
found in 33 CFR 165.23.
(2) All vessels and persons are
prohibited from entering and accessing
this safety zone, except as authorized by
the Captain of the Port Baltimore or his
or her designated representative.
(3) Persons or vessels requiring entry
into or passage within the safety zone
must request authorization from the
Captain of the Port Baltimore or his or
her designated representative, by
telephone at (410) 576–2693 or by
marine band radio on VHF–FM Channel
16 (156.8 MHz), from 8 a.m. until
10 p.m. on the fourth Saturday in July
annually. All Coast Guard vessels
enforcing this safety zone can be
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contacted on marine band radio VHF–
FM Channel 16 (156.8 MHz).
(4) All vessels and persons must
comply with instructions of the Captain
of the Port Baltimore or his or her
designated representative.
(5) The operator of any vessel entering
or located within this safety zone shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(iii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by any
Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced from 8 a.m. until 10
p.m. on the fourth Saturday in July
annually.
Dated: April 4, 2012.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2012–10020 Filed 4–25–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0190]
RIN 1625–AA00
Safety Zone; Crowley Barge 750–2,
Bayou Casotte, Pascagoula, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the specified waters of Bayou Casotte,
Pascagoula, Mississippi. This action is
necessary for the protection of persons
and vessels on navigable waters during
the launch of the Crowley Barge 750–2,
particularly small craft in the area that
risk being swamped. Entry into,
transiting or anchoring in this zone is
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the Captain of the Port (COTP)
Mobile or a designated representative.
DATES: Effective Date: this rule is
effective in the CFR from April 26, 2012
until 11:59 p.m. April 30, 2012. This
rule is effective with actual notice for
purposes of enforcement beginning
12:01 a.m. April 22, 2012.
SUMMARY:
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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0190 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0190 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays
and U.S. Coast Guard Sector Mobile
(spw), Building 102, Brookley Complex
South Broad Street Mobile, AL 36615,
between 8:00 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard received
notification on March 28, 2012 of VTHalter Pascagoula’s intentions to launch
the Crowley Barge 750–2 on April 22,
2012. This rule is temporary and will
only be enforced for a short duration
while the vessel is being launched.
Delaying the effective date would be
impracticable because immediate action
is needed to protect persons and vessels
from safety hazards associated with the
launching of the Crowley Barge 750–2.
Additionally, delaying the safety zone
for the NPRM process would
unnecessarily interfere with launching
the barge and its possible commercial
and contractual obligations.
If
you have questions on this temporary
rule, call or email LT Lenell J. Carson,
Coast Guard Sector Mobile, Waterways
Division; telephone 251–441–5940 or
email Lenell.J.Carson@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
Basis and Purpose
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is insufficient time to publish a NPRM.
The Coast Guard received notification
on March 28, 2012 of VT-Halter
Pascagoula’s intentions to launch the
Crowley Barge 750–2 on April 22, 2012.
Publishing a NPRM is impracticable
because it would unnecessarily delay
the required safety zone’s effective date.
The safety zone is needed to protect
persons and vessels from safety hazards
associated with the launching of the
Crowley Barge 750–2. Additionally,
delaying the safety zone for the NPRM
process would unnecessarily interfere
with launching the barge and its
possible commercial and contractual
obligations.
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VT-Halter Pascagoula is a ship yard
and repair facility located on Bayou
Casotte in Pascagoula, Mississippi. The
launching of vessels from this facility
creates a 3’ launch wave that will
propagate eastward across the north
turning basin of Bayou Casotte Harbor.
This wave poses significant safety
hazards to vessels, particularly small
craft in the area that could potentially
be swamped. The Pascagoula Port
Authority will clear all vessels from
berths north of their public terminal
warehouse G and H due to the hazards
associated with this wave. The COTP
Mobile is establishing a temporary
safety zone for a portion of Bayou
Casotte, Pascagoula, Mississippi to
protect persons and vessels on navigable
waters during the launching of the
Crowley Barge 750–2.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this safety zone is deemed
necessary for the protection of life and
property within the COTP Mobile zone.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for a portion of
Bayou Casotte, to include all waters
between a southern boundary
represented by positions, 30°20′42.3″ N,
088°30′26.0″ W and 30°20′42.3″ N,
088°30′33.0″ W and a northern
boundary represented by positions,
30°21′06.85″ N, 088°30′29.36″ W and
30°21′09.15″ N, 088°30′24.56″ W. This
temporary rule will protect the safety of
life and property in this area. Entry into,
transiting or anchoring in this zone is
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the COTP Mobile or a designated
representative. The COTP may be
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24841
contacted by telephone at 251–441–
5976.
The COTP Mobile or a designated
representative will inform the public
through broadcast notice to mariners of
changes in the effective period for the
safety zone. This rule is effective from
12:01 a.m. April 22, 2012 through 11:59
p.m. April 30, 2012. Exact enforcement
date and times will be broadcasted via
a Safety Broadcast Notice to Mariners.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, 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 that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
The temporary safety zone listed in
this rule will restrict vessel traffic from
entering, transiting, or anchoring within
a small portion of Bayou Casotte Harbor,
Pascagoula, Mississippi. The effect of
this regulation will not be significant for
several reasons: (1) This rule will only
affect vessel traffic for a short duration;
(2) vessels may request permission from
the COTP to transit through the safety
zone; and (3) the impacts on routine
navigation are expected to be minimal.
Notifications to the marine community
will be published in the local notice to
mariners and a broadcast notice to
mariners. These notifications will allow
the public to plan operations around the
affected area.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the affected portions of Bayou Casotte
Harbor, Pascagoula, Mississippi. This
safety zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The zone is limited
in size, is of short duration and vessel
traffic may request permission from the
COTP Mobile or a designated
representative to enter or transit through
the zone.
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Collection of Information
This calls for no new collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
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Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves safety for the public and
environment and is not expected to
result in any significant adverse
environmental impact as described in
NEPA. An environmental analysis
checklist and a categorical exclusion
determination will be made available as
directed under the ADDRESSES section.
Energy Effects
List of Subjects in 33 CFR Part 165
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0190 to read as
follows:
■
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§ 165.T08–0190 Safety Zone; Bayou
Casotte; Pascagoula, MS.
Virginia State Implementation Plan
(SIP). The revision pertains to a
(a) Location. The following area is a
Transcontinental Gas Pipe Line
temporary safety zone: a portion of
Corporation (Transco) operating permit
Bayou Casotte, to include all waters
that EPA approved into the Virginia SIP
between a southern boundary
to meet nitrogen oxides (NOX) reduction
represented by positions, 30°20′42.3″ N, requirements for large stationary
088°30′26.0″ W and 30°20′42.3″ N,
internal combustion engines under the
088°30′33.0″ W and a northern
NOX SIP Call. Transco Station 175 has
boundary represented by positions,
permanently shut down, and this
30°21′06.85″ N, 088°30′29.36″ W and
revision removes the permit from the
30°21′09.15″ N, 088°30′24.56″ W.
Virginia SIP. EPA is approving this
(b) Enforcement. This rule will be
revision in accordance with the
effective from 12:01 a.m. April 22, 2012 requirements of the Clean Air Act
through 11:59 p.m. April 30, 2012. Exact (CAA).
enforcement date and times will be
DATES: This rule is effective on June 25,
broadcasted via a Safety Broadcast
2012 without further notice, unless EPA
Notice to Mariners.
receives adverse written comment by
(c) Regulations. (1) In accordance with May 29, 2012. If EPA receives such
the general regulations in § 165.23 of
comments, it will publish a timely
this part, entry into this zone is
withdrawal of the direct final rule in the
prohibited unless authorized by the
Federal Register and inform the public
Captain of the Port Mobile or a
that the rule will not take effect.
designated representative.
ADDRESSES: Submit your comments,
(2) Persons or vessels desiring to enter
identified by Docket ID Number EPA–
into or passage through the zone must
R03–OAR–2012–0024 by one of the
request permission from the Captain of
following methods:
the Port Mobile or a designated
A. www.regulations.gov. Follow the
representative. They may be contacted
on-line instructions for submitting
on VHF–FM channels 16 or by
comments.
telephone at 251–441–5976.
B. Email: fernandez.cristina@epa.gov.
(3) If permission is granted, all
C. Mail: EPA–R03–OAR–2012–0024,
persons and vessels shall comply with
Cristina Fernandez, Associate Director,
the instructions of the Captain of the
Office of Air Quality Planning, Mailcode
Port or designated representative.
3AP30, U.S. Environmental Protection
(d) Informational broadcasts. The
Agency, Region III, 1650 Arch Street,
Captain of the Port or a designated
Philadelphia, Pennsylvania 19103.
representative will inform the public
D. Hand Delivery: At the previouslythrough broadcast notices to mariners of listed EPA Region III address. Such
the enforcement period for the safety
deliveries are only accepted during the
zone as well as any changes in the
Docket’s normal hours of operation, and
planned schedule.
special arrangements should be made
Dated: April 4, 2012.
for deliveries of boxed information.
Instructions: Direct your comments to
D.J. Rose,
Docket ID No. EPA–R03–OAR–2012–
Captain, U.S. Coast Guard, Captain of the
0024. EPA’s policy is that all comments
Port Mobile.
received will be included in the public
[FR Doc. 2012–10215 Filed 4–24–12; 4:15 pm]
docket without change, and may be
BILLING CODE 9110–04–P
made available online at
www.regulations.gov, including any
personal information provided, unless
ENVIRONMENTAL PROTECTION
the comment includes information
AGENCY
claimed to be Confidential Business
Information (CBI) or other information
40 CFR Part 52
whose disclosure is restricted by statute.
[EPA–R03–OAR–2012–0024; FRL–9664–4]
Do not submit information that you
consider to be CBI or otherwise
Approval and Promulgation of Air
protected through www.regulations.gov
Quality Implementation Plans; Virginia;
or email. The www.regulations.gov Web
Removal of Transcontinental Gas Pipe
site is an ‘‘anonymous access’’ system,
Line Corporation Permit From State
which means EPA will not know your
Implementation Plan
identity or contact information unless
you provide it in the body of your
AGENCY: Environmental Protection
comment. If you send an email
Agency (EPA).
comment directly to EPA without going
ACTION: Direct final rule.
through www.regulations.gov, your
email address will be automatically
SUMMARY: EPA is taking direct final
captured and included as part of the
action to approve a revision to the
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comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
EPA issued the NOX SIP Call (63 FR
57356, October 27, 1998) to require 22
eastern states and the District of
Columbia to reduce specified amounts
of one of the main precursors of groundlevel ozone, NOX, in order to reduce
interstate ozone transport. EPA found
that the sources in these states emit NOX
in amounts that contribute significantly
to nonattainment of the 1-hour ozone
national ambient air quality standard
(NAAQS) in downwind states. In the
NOX SIP Call, the amount of reductions
required by states were calculated based
on application of available, highly costeffective controls on certain source
categories of NOX. These source
categories included large fossil fuelfired electric generating units (EGUs)
serving a generator with a capacity
greater than 25 megawatts (MWe), fossil
fuel-fired non-EGUs (such as large
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24840-24843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10215]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0190]
RIN 1625-AA00
Safety Zone; Crowley Barge 750-2, Bayou Casotte, Pascagoula, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the specified waters of Bayou Casotte, Pascagoula, Mississippi. This
action is necessary for the protection of persons and vessels on
navigable waters during the launch of the Crowley Barge 750-2,
particularly small craft in the area that risk being swamped. Entry
into, transiting or anchoring in this zone is prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP) Mobile or a designated representative.
DATES: Effective Date: this rule is effective in the CFR from April 26,
2012 until 11:59 p.m. April 30, 2012. This rule is effective with
actual notice for purposes of enforcement beginning 12:01 a.m. April
22, 2012.
[[Page 24841]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0190 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0190 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays and
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex
South Broad Street Mobile, AL 36615, between 8:00 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Lenell J. Carson, Coast Guard Sector
Mobile, Waterways Division; telephone 251-441-5940 or email
Lenell.J.Carson@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is insufficient time to publish
a NPRM. The Coast Guard received notification on March 28, 2012 of VT-
Halter Pascagoula's intentions to launch the Crowley Barge 750-2 on
April 22, 2012. Publishing a NPRM is impracticable because it would
unnecessarily delay the required safety zone's effective date. The
safety zone is needed to protect persons and vessels from safety
hazards associated with the launching of the Crowley Barge 750-2.
Additionally, delaying the safety zone for the NPRM process would
unnecessarily interfere with launching the barge and its possible
commercial and contractual obligations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard received
notification on March 28, 2012 of VT-Halter Pascagoula's intentions to
launch the Crowley Barge 750-2 on April 22, 2012. This rule is
temporary and will only be enforced for a short duration while the
vessel is being launched. Delaying the effective date would be
impracticable because immediate action is needed to protect persons and
vessels from safety hazards associated with the launching of the
Crowley Barge 750-2. Additionally, delaying the safety zone for the
NPRM process would unnecessarily interfere with launching the barge and
its possible commercial and contractual obligations.
Basis and Purpose
VT-Halter Pascagoula is a ship yard and repair facility located on
Bayou Casotte in Pascagoula, Mississippi. The launching of vessels from
this facility creates a 3' launch wave that will propagate eastward
across the north turning basin of Bayou Casotte Harbor. This wave poses
significant safety hazards to vessels, particularly small craft in the
area that could potentially be swamped. The Pascagoula Port Authority
will clear all vessels from berths north of their public terminal
warehouse G and H due to the hazards associated with this wave. The
COTP Mobile is establishing a temporary safety zone for a portion of
Bayou Casotte, Pascagoula, Mississippi to protect persons and vessels
on navigable waters during the launching of the Crowley Barge 750-2.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for a
portion of Bayou Casotte, to include all waters between a southern
boundary represented by positions, 30[deg]20'42.3'' N,
088[deg]30'26.0'' W and 30[deg]20'42.3'' N, 088[deg]30'33.0'' W and a
northern boundary represented by positions, 30[deg]21'06.85'' N,
088[deg]30'29.36'' W and 30[deg]21'09.15'' N, 088[deg]30'24.56'' W.
This temporary rule will protect the safety of life and property in
this area. Entry into, transiting or anchoring in this zone is
prohibited to all vessels, mariners, and persons unless specifically
authorized by the COTP Mobile or a designated representative. The COTP
may be contacted by telephone at 251-441-5976.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the safety zone. This rule is effective from 12:01 a.m.
April 22, 2012 through 11:59 p.m. April 30, 2012. Exact enforcement
date and times will be broadcasted via a Safety Broadcast Notice to
Mariners.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, 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 that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
The temporary safety zone listed in this rule will restrict vessel
traffic from entering, transiting, or anchoring within a small portion
of Bayou Casotte Harbor, Pascagoula, Mississippi. The effect of this
regulation will not be significant for several reasons: (1) This rule
will only affect vessel traffic for a short duration; (2) vessels may
request permission from the COTP to transit through the safety zone;
and (3) the impacts on routine navigation are expected to be minimal.
Notifications to the marine community will be published in the local
notice to mariners and a broadcast notice to mariners. These
notifications will allow the public to plan operations around the
affected area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a
[[Page 24842]]
substantial number of small entities. This rule will affect the
following entities, some of which may be small entities: the owners or
operators of vessels intending to transit or anchor in the affected
portions of Bayou Casotte Harbor, Pascagoula, Mississippi. This safety
zone will not have a significant economic impact on a substantial
number of small entities for the following reasons. The zone is limited
in size, is of short duration and vessel traffic may request permission
from the COTP Mobile or a designated representative to enter or transit
through the zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This calls for no new collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves safety for the public
and environment and is not expected to result in any significant
adverse environmental impact as described in NEPA. An environmental
analysis checklist and a categorical exclusion determination will be
made available as directed under the ADDRESSES section.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0190 to read as follows:
[[Page 24843]]
Sec. 165.T08-0190 Safety Zone; Bayou Casotte; Pascagoula, MS.
(a) Location. The following area is a temporary safety zone: a
portion of Bayou Casotte, to include all waters between a southern
boundary represented by positions, 30[deg]20[min]42.3[sec] N,
088[deg]30[min]26.0[sec] W and 30[deg]20[min]42.3[sec] N,
088[deg]30[min]33.0[sec] W and a northern boundary represented by
positions, 30[deg]21[min]06.85[sec] N, 088[deg]30[min]29.36[sec] W and
30[deg]21[min]09.15[sec] N, 088[deg]30[min]24.56[sec] W.
(b) Enforcement. This rule will be effective from 12:01 a.m. April
22, 2012 through 11:59 p.m. April 30, 2012. Exact enforcement date and
times will be broadcasted via a Safety Broadcast Notice to Mariners.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at 251-441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
(d) Informational broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: April 4, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-10215 Filed 4-24-12; 4:15 pm]
BILLING CODE 9110-04-P
