Safety Zone; Bullhead City Regatta; Bullhead City, AZ, 36439-36442 [2012-14845]
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.l to read as follows:
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§ 9.l
Elkton Oregon.
(a) Name. The name of the viticultural
area described in this section is ‘‘Elkton
Oregon’’. ‘‘Elkton OR’’ may also be used
as the name of the viticultural area
described in this section. For purposes
of part 4 of this chapter, ‘‘Elkton
Oregon’’ and ‘‘Elkton OR’’ are terms of
viticultural significance.
(b) Approved maps. The five United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Elkton
Oregon viticultural area are titled:
(1) Kellogg Quadrangle, OregonDouglas Co., Provisional Edition 1990;
(2) Old Blue Quadrangle, OregonDouglas Co., Provisional Edition 1990;
(3) Devils Graveyard Quadrangle,
Oregon-Douglas Co., Provisional Edition
1990;
(4) Elkton Quadrangle, OregonDouglas Co., Provisional Edition 1990;
and
(5) Yellow Butte, Oregon-Douglas Co.,
Provisional Edition 1987.
(c) Boundary. The Elkton Oregon
viticultural area is located in Douglas
County, Oregon. The boundary of the
Elkton Oregon viticultural area is as
described below:
(1) The beginning point is on the
Kellogg map at the intersection of the
T23S/T24S and R7W/R8W common
lines. From the beginning point,
proceed northwest in a straight line,
crossing onto the Old Blue map, to the
eastern-most intersection of the T22S/
T23S and R8W/R9W common lines;
then
(2) Proceed north along the R8W/R9W
common line onto the Devils Graveyard
map, across the Umpqua River, to the
intersection of the R8W/R9W common
line with the 1,000-foot elevation line
along the western boundary of section
30, T21S/R8W; then
(3) Proceed generally east along the
meandering 1,000-elevation line that
crosses over Patterson Creek, Weatherly
Creek headwaters, Cedar Creek, and
House Creek; continue following the
1,000-foot elevation line onto the Elkton
map, back to the Devils Graveyard map,
returning to the Elkton map, and then
continuing generally east and southeast
across Paradise Creek and Little Tom
Folley Creek, to the intersection of the
1,000-foot elevation line with an
unnamed, improved road in the
southeast quadrant of section 4, T22S/
R7W; then
(4) Proceed south-southwest along the
unnamed, improved road to the
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intersection of that road with an
unimproved logging road,
approximately 1.65 miles due north of
the Mile 5 marker on Elk Creek, section
9, T22S/R7W; then
(5) Proceed southeast in a straight
line, passing through the southeast
corner of section 9, T22S/R7W, to Elk
Creek, section 15, T22S/R7W; then
(6) Proceed generally southeast
(downstream) along Elk Creek to the
State Route 38 bridge at BM 172, section
15, T22S/R7W; then
(7) Proceed south in a straight line to
the intersection of the 1,000-foot
elevation line and the section 22 south
boundary line, T22S/R7W; then
(8) Proceed generally south, west, and
then north along the meandering 1,000foot elevation line crossing back and
forth between the Kellogg map and the
Yellow Butte map, returning to the
Yellow Butte map to the intersection of
the 1,000-foot elevation line with the
R7W/R6W common line on Bell Ridge,
along the section 1 east boundary line,
T23S/R7W; then
(9) Proceed southeast in a straight line
to the intersection of the line with the
1,000-foot elevation line and an
unnamed, unimproved road, section 7,
T23S/R6W; then
(10) Proceed south and west along the
meandering 1,000-foot elevation,
crossing back and forth between the
Kellogg and Yellow Butte maps, and
finally returning to the Kellogg map, to
the intersection of the 1,000-foot
elevation line with the T23S/T24S
common line along the section 3 north
boundary line, T24S/R7W; and then
(11) Proceed west along the T23S/
T24S common line to the beginning
point.
Signed: June 11, 2012.
John J. Manfreda,
Administrator.
[FR Doc. 2012–14920 Filed 6–18–12; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2012–0441]
RIN 1625–AA00
Safety Zone; Bullhead City Regatta;
Bullhead City, AZ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
a temporary safety zone on the
SUMMARY:
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navigable waters of the Colorado River
in Bullhead City, Arizona for the
Bullhead City Regatta on August 11,
2012. This temporary safety zone is
necessary to provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels would be prohibited from
entering into, transiting through or
anchoring within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 19, 2012.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Deborah Metzger,
Waterways Management, U.S. Coast
Guard Sector San Diego; telephone (619)
278–7656, email
d11marineeventssd@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
ACTION:
36439
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A. 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.
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at 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, 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–2012–0441 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.
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2. 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, type the
docket number USCG–2012–0441 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
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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).
4. Public Meeting
We do not plan to hold a public
meeting. But you may submit a request
for one using one of the 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.
B. Basis and Purpose
The City of Bullhead is sponsoring the
Bullhead City Regatta, which is held on
the navigable waters of the Colorado
River in Bullhead City, AZ. The
proposed temporary safety zone is
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other vessels and users of
the waterway. This event involves
people floating down the river on
inflatable rafts, inner tubes and floating
platforms. The size of vessels used
would vary in length from 3 feet to 100
feet. Approximately 30,000 to 40,000
people would be participating in this
event. The sponsor would provide 50
patrol and rescue boats to help facilitate
the event and ensure public safety.
D. Discussion of Proposed Rule
The Coast Guard is proposing a
temporary safety zone that would be
enforced from 6 a.m. to 6 p.m. on
August 11, 2012. This safety zone is
necessary to provide for the safety of the
crews, spectators, participants, and
other vessels and users of the waterway.
Persons and vessels would be
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative. The proposed temporary
safety zone would include the waters of
the Colorado River between Davis Camp
and Rotary Park in Bullhead City, AZ.
Before the effective period, the Coast
Guard will publish a Local Notice to
Mariners (LNM).
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This determination is based on
the size and location of the safety zone.
Although the safety zone would apply
to the entire width of the river, traffic
would be allowed to pass through the
zone with the permission of the Captain
of the Port. Additionally, before the
effective period, the Coast Guard will
publish a Local Notice to Mariners
(LNM).
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This proposed
rule will affect the following entities,
some of which might be small entities:
the owners or operators of vessels
intending to transit or anchor in a
portion of the waters of the Colorado
River between Davis Camp to Rotary
Park in Bullhead City, AZ from 6 a.m.
to 6 p.m. on August 11, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone would apply to the entire
width of the river, traffic would be
allowed to pass through the zone with
the permission of the Coast Guard patrol
commander. Before the effective period,
the Coast Guard will publish a Local
Notice to Mariners (LNM).
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
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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, above. 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.
9. 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.
5. Federalism
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This 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.
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.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
6. Protest Activities
12. 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 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.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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
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The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. 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.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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 that do not individually or
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36441
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing a temporary
safety zone. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
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
proposed rule.
F. List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–496 to read as
follows:
§ 165.T11–496 Safety zone; Bullhead City
Regatta; Bullhead City, AZ.
(a) Location. This temporary safety
zone includes the waters of the
Colorado River between Davis Camp
and Rotary Park in Bullhead City, AZ.
(b) Enforcement Period. This section
will be enforced from 6 a.m. to 6 p.m.
on August 11, 2012. Before the effective
period, the Coast Guard will publish a
Local Notice to Mariners (LNM). If the
event concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules
(2) Mariners can request permission to
transit through the safety zone from the
Patrol Commander. The Patrol
Commander can be contacted on VHF–
FM channels 16 and 23.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: May 30, 2012.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2012–14845 Filed 6–18–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0826; FRL–9689–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; PSD Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Prevention of
Significant Deterioration (PSD)
construction permit program of State of
Michigan’s State Implementation Plan
(SIP) to meet the Clean Air Act (CAA)
requirements for PSD in Class I Areas
attaining the National Ambient Air
Quality Standards.
DATES: Comments must be received on
or before July 19, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0826, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385–5501.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
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SUMMARY:
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Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2011–
0826. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the 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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
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recommend that you telephone
Constantine Blathras, Environmental
Engineer, at (312) 886–0671 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0671,
Blathras.Constantine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. What revisions are included in the
proposed approval?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What revisions are included in the
proposed approval?
On September 2, 2011, the Michigan
Department of Environmental Quality
(MDEQ) submitted to EPA for approval
a revision to the Michigan SIP
consisting of amendments to Michigan
Air Pollution Control Rules, Part 18,
PSD, and Part 19, PSD for major sources.
Specifically, Michigan submitted a
revision to modify Michigan Air
Pollution Control Rule R. 336.2816 to
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]]>Agencies
[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Proposed Rules]
[Pages 36439-36442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14845]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0441]
RIN 1625-AA00
Safety Zone; Bullhead City Regatta; Bullhead City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary safety zone on the
navigable waters of the Colorado River in Bullhead City, Arizona for
the Bullhead City Regatta on August 11, 2012. This temporary safety
zone is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels would be prohibited from entering into,
transiting through or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before July 19, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Deborah Metzger, Waterways Management, U.S.
Coast Guard Sector San Diego; telephone (619) 278-7656, email
d11marineeventssd@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
[[Page 36440]]
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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-2012-0441 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.
2. 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,
type the docket number USCG-2012-0441 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.
3. 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).
4. Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for one using one of the 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.
B. Basis and Purpose
The City of Bullhead is sponsoring the Bullhead City Regatta, which
is held on the navigable waters of the Colorado River in Bullhead City,
AZ. The proposed temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, sponsor vessels, and
other vessels and users of the waterway. This event involves people
floating down the river on inflatable rafts, inner tubes and floating
platforms. The size of vessels used would vary in length from 3 feet to
100 feet. Approximately 30,000 to 40,000 people would be participating
in this event. The sponsor would provide 50 patrol and rescue boats to
help facilitate the event and ensure public safety.
D. Discussion of Proposed Rule
The Coast Guard is proposing a temporary safety zone that would be
enforced from 6 a.m. to 6 p.m. on August 11, 2012. This safety zone is
necessary to provide for the safety of the crews, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels would be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. The proposed temporary
safety zone would include the waters of the Colorado River between
Davis Camp and Rotary Park in Bullhead City, AZ. Before the effective
period, the Coast Guard will publish a Local Notice to Mariners (LNM).
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. Although the safety
zone would apply to the entire width of the river, traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port. Additionally, before the effective period, the Coast Guard
will publish a Local Notice to Mariners (LNM).
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule will affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to transit or anchor in a portion of the waters of
the Colorado River between Davis Camp to Rotary Park in Bullhead City,
AZ from 6 a.m. to 6 p.m. on August 11, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Coast Guard patrol commander. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners (LNM).
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the
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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, above. 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.
4. Collection of Information
This proposed 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 proposed 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 Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This 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.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. 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 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary 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 proposed
rule.
F. List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T11-496 to read as follows:
Sec. 165.T11-496 Safety zone; Bullhead City Regatta; Bullhead City,
AZ.
(a) Location. This temporary safety zone includes the waters of the
Colorado River between Davis Camp and Rotary Park in Bullhead City, AZ.
(b) Enforcement Period. This section will be enforced from 6 a.m.
to 6 p.m. on August 11, 2012. Before the effective period, the Coast
Guard will publish a Local Notice to Mariners (LNM). If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
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(2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: May 30, 2012.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2012-14845 Filed 6-18-12; 8:45 am]
BILLING CODE 9110-04-P
