Safety Zone, Keweenaw Waterway, Hancock, MI, 35621-35623 [2012-14543]
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Rules and Regulations
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it will 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.
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34) (g), of the Instruction because it
involves the establishment of a safety
zone. A final environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165 as follows:
pmangrum on DSK3VPTVN1PROD with RULES
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
VerDate Mar<15>2010
11:26 Jun 13, 2012
Jkt 226001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
35621
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: May 29, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2012–14541 Filed 6–13–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
[Docket Number USCG–2012–0469]
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Safety Zone, Keweenaw Waterway,
Hancock, MI
■
2. Add § 165.T09–0465 to read as
follows:
■
§ 165.T09–0465 Safety Zone; Old Fashion
4th July Fireworks, Presque Isle Bay, Erie,
PA.
(a) Location. The safety zone will
encompass all waters of the Presque Isle
Bay, Erie, PA within a 840 foot radius
of position 42°08′12″ N and 80°05′59″ W
(NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on July 4, 2012 from 9:15 p.m.
until 10:45 p.m.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
encompassing a portion of the
Keweenaw waterway on June 17, 2012.
This safety zone is intended to help
protect triathlon participants, as well as
boaters and spectators of the event.
DATES: This rule will be effective from
10:00 a.m. to noon on June 17, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0469]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Judson A. Coleman,
Marine Safety Unit Duluth, U.S. Coast
Guard; telephone (218) 720–5286 ext
111, email Judson.A.Coleman@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
SUMMARY:
E:\FR\FM\14JNR1.SGM
14JNR1
35622
Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Rules and Regulations
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect spectators, swimmers, and
vessels from the hazards associated with
open water swim races, which are
discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for 30-day notice period run
would also be impracticable and
contrary to the public interest.
pmangrum on DSK3VPTVN1PROD with RULES
B. Basis and Purpose
On the morning of June 17, 2012,
participants in the Yooper Sprint
triathlon will swim across portions of
the Keweenaw waterway, making them
vulnerable to vessel traffic.
C. Discussion of the Final Rule
In recognition of the risk to swimmers
identified above, the Captain of the Port
Duluth has determined it necessary to
create a temporary safety zone to
prevent vessels from entering,
transiting, or anchoring in the vicinity
of the swimmers. The following area is
a temporary safety zone: All waters of
the Keweenaw Waterway encompassed
by boundaries beginning at position
VerDate Mar<15>2010
11:26 Jun 13, 2012
Jkt 226001
47′07′49.8 N 88′37′1.12 W, running west
to 47′07′49.45 N 088′37′2.31 W, running
northwest to 47′07′59.19 N 88′37′20.23
W, running northeast to 47′08′0.12 N
88′37′18.07 W and finally running
southeast to the original position.
This safety zone is deemed necessary
in order to ensure the protection of
swimmers engaged in the Yooper Sprint
Triathlon, vessel operators transiting the
area, and spectators of the event. This
safety zone will be in effect and
enforced on June 17th, 2012 from
10:00 a.m. to noon.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule is believed to have
minimal impact on any economic
interests due to it being in effect for only
two hours and taking place outside the
navigable channel.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of the Keweenaw Waterway
from 10:00 a.m. to noon on June 17,
2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be activated, and thus subject to
enforcement, for only two hours early in
the day. Traffic may be allowed to pass
through the zone with the permission of
the Captain of the Port. The Captain of
the Port can be reached via VHF
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
channel 16. Before the activation of the
zone, we would issue local Broadcast
Notice to Mariners.
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
5. 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 rule under that Order and
determined that this rule does not have
implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Rules and Regulations
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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
pmangrum on DSK3VPTVN1PROD with RULES
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
VerDate Mar<15>2010
11:26 Jun 13, 2012
Jkt 226001
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that 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 involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
35623
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Marine Safety Duluth or his designated
representative.
(3) The on-scene representative of the
Captain of the Port is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port to act on his behalf. The onscene representative will be aboard
either a Coast Guard or Coast Guard
auxiliary vessel. The Captain of the Port
representative may be contacted via
VHF channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Duluth
or his on-scene representative to request
permission to do so. Vessel operators
must comply with all directions given to
them by the Captain of the Port, Duluth
or his on-scene representative.
Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of
the Port, Marine Safety Unit Duluth.
[FR Doc. 2012–14543 Filed 6–13–12; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
1. The authority citation for part 165
continues to read as follows:
47 CFR Parts 51 and 54
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
[WC Docket Nos. 10–90, 07–135, 05–337,
03–109; GN Docket No. 09–51; CC Docket
Nos. 01–92, 96–45; WT Docket No. 10–208;
FCC 11–161]
■
2. Add § 165.T09–0469 to read as
follows:
■
§ 165.T09–0469 Safety Zone; Keweenaw
waterway, Hancock, MI
(a) Location. The following area is a
temporary safety zone: All waters of the
Keweenaw Waterway encompassed by
boundaries beginning at position
47′07′49.8 N 88′37′1.12 W, running west
to 47′07′49.45 N 088′37′2.31 W, running
northwest to 47′07′59.19 N 88′37′20.23
W, running northeast to 47’08’0.12 N
88’37’18.07 W and finally running
southeast to the original position.
(b) Effective and enforcement period.
This rule will be in effect and enforced
from 10:00 a.m. to 12:00 noon on June
17, 2012.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23, entry into,
transiting or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port,
Marine Safety Unit Duluth, or his
designated representative.
PO 00000
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Connect America Fund; a National
Broadband Plan for Our Future;
Establishing Just and Reasonable
Rates for Local Exchange Carriers;
High-Cost Universal Service Support
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of 3 years,
revisions to an information collection
associated with the Commission’s
Connect America Fund, Report and
Order (Order). The Commission
submitted revisions to this information
collection under control number 3060–
0400 to OMB for review and approval,
as required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), 77 FR 20629, on April 5, 2012.
OMB approved the revisions on May 17,
2012.
SUMMARY:
E:\FR\FM\14JNR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Rules and Regulations]
[Pages 35621-35623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14543]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0469]
RIN 1625-AA00
Safety Zone, Keweenaw Waterway, Hancock, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing a portion of the Keweenaw waterway on June 17, 2012. This
safety zone is intended to help protect triathlon participants, as well
as boaters and spectators of the event.
DATES: This rule will be effective from 10:00 a.m. to noon on June 17,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0469]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Judson A. Coleman, Marine Safety Unit Duluth,
U.S. Coast Guard; telephone (218) 720-5286 ext 111, email
Judson.A.Coleman@uscg.mil. If you have questions on viewing or
submitting material to the docket, call
[[Page 35622]]
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 doing so would be impracticable. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be both impracticable and contrary to the
public interest because it would inhibit the Coast Guard's ability to
protect spectators, swimmers, and vessels from the hazards associated
with open water swim races, which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30-day notice period run would
also be impracticable and contrary to the public interest.
B. Basis and Purpose
On the morning of June 17, 2012, participants in the Yooper Sprint
triathlon will swim across portions of the Keweenaw waterway, making
them vulnerable to vessel traffic.
C. Discussion of the Final Rule
In recognition of the risk to swimmers identified above, the
Captain of the Port Duluth has determined it necessary to create a
temporary safety zone to prevent vessels from entering, transiting, or
anchoring in the vicinity of the swimmers. The following area is a
temporary safety zone: All waters of the Keweenaw Waterway encompassed
by boundaries beginning at position 47'07'49.8 N 88'37'1.12 W, running
west to 47'07'49.45 N 088'37'2.31 W, running northwest to 47'07'59.19 N
88'37'20.23 W, running northeast to 47'08'0.12 N 88'37'18.07 W and
finally running southeast to the original position.
This safety zone is deemed necessary in order to ensure the
protection of swimmers engaged in the Yooper Sprint Triathlon, vessel
operators transiting the area, and spectators of the event. This safety
zone will be in effect and enforced on June 17th, 2012 from 10:00 a.m.
to noon.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is believed to
have minimal impact on any economic interests due to it being in effect
for only two hours and taking place outside the navigable channel.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Keweenaw Waterway from 10:00 a.m.
to noon on June 17, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only two hours early in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. 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 rule under that Order and determined
that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 35623]]
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T09-0469 to read as follows:
Sec. 165.T09-0469 Safety Zone; Keweenaw waterway, Hancock, MI
(a) Location. The following area is a temporary safety zone: All
waters of the Keweenaw Waterway encompassed by boundaries beginning at
position 47'07'49.8 N 88'37'1.12 W, running west to 47'07'49.45 N
088'37'2.31 W, running northwest to 47'07'59.19 N 88'37'20.23 W,
running northeast to 47'08'0.12 N 88'37'18.07 W and finally running
southeast to the original position.
(b) Effective and enforcement period. This rule will be in effect
and enforced from 10:00 a.m. to 12:00 noon on June 17, 2012.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry into, transiting or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port, Marine Safety
Unit Duluth, or his designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Marine Safety Duluth or his
designated representative.
(3) The on-scene representative of the Captain of the Port is any
Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative will be aboard either a Coast Guard or Coast Guard
auxiliary vessel. The Captain of the Port representative may be
contacted via VHF channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Duluth or his on-scene
representative to request permission to do so. Vessel operators must
comply with all directions given to them by the Captain of the Port,
Duluth or his on-scene representative.
Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Duluth.
[FR Doc. 2012-14543 Filed 6-13-12; 8:45 am]
BILLING CODE 9110-04-P
