Special Local Regulation; Upper Mississippi River, Mile 842.0 to 840.0, 39393-39395 [2012-16297]
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations
PART 126—GENERAL POLICIES AND
PROVISIONS
1. The authority citation for part 126
continues to read as follows:
■
Authority: Secs. 2, 38, 40, 42, and 71,
Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752,
2778, 2780, 2791, and 2797); E.O. 11958, 42
FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR
28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225,
Pub. L. 108–375; Sec. 7089, Pub. L. 111–117;
Pub. L. 111–266; Section 7045, Pub. L. 112–
74; Section 7046, Pub. L. 112–74.
2. Section 126.1 is amended by
removing and reserving paragraph (u),
as follows:
■
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
*
*
*
*
(u) [Reserved]
*
*
*
*
*
*
Dated: June 26, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2012–16283 Filed 7–2–12; 8:45 am]
BILLING CODE 4710–25–P
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–0312]
RIN 1625–AA00
Special Local Regulation; Upper
Mississippi River, Mile 842.0 to 840.0
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for all waters of the Upper
Mississippi River, Mile 842.0 to 840.0,
extending the entire width of the river.
This special local regulation is needed
to protect participants and event
personnel during the swim leg of the
Optum Health Twin Cities Triathlon
occurring on the Upper Mississippi
River. Entry into this area immediately
before, during, and immediately after
the swim portion of the triathlon will be
prohibited unless specifically
authorized by the Captain of the Port
Upper Mississippi River or a designated
representative.
DATES: This rule is effective and
enforceable from 7:00 a.m. until
11:00 a.m. on July 22, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:49 Jul 02, 2012
docket are part of docket USCG–2012–
0312 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2012–0312 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. 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
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Junior
Grade (LTJG) Colin Fogarty, Sector
Upper Mississippi River Response
Department at telephone 314–269–2546,
email Colin.M.Fogarty@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Jkt 226001
A. 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 using the NPRM process. The Coast
Guard received notice from the sponsor,
Optum Health Performance, on March
13, 2012 stating they will be holding a
triathlon on the Upper Mississippi River
on July 22, 2012. The triathlon is being
advertised via press releases to various
media outlets to target people on a local,
state, and national level to ensure
maximum outreach and preparation for
the event. Completing the NPRM
process is impracticable and contrary to
the public interest as it would delay the
necessary special local regulation,
providing restricted areas and safety
measures required to protect
participants and event personnel from
hazards associated with a swim event in
the Mississippi River. Delaying this rule
by completing the NPRM would also
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Sfmt 4700
39393
unnecessarily interfere with and delay
the planned event and possible
contractual obligations. For the same
reasons, 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. Delaying this rule by providing
30 days notice would be contrary to
public interest because action is needed
to protect participants and event
personnel during the swim leg of the
Optum Health Twin Cities Triathlon.
B. Background and Purpose
On July 22, 2012 Optum Health
Performance will hold the Optum
Health Performance Twin Cities
Triathlon between mile 842.0 and 840.0
on the Upper Mississippi River. There
are expected to be at least 700 athletes
participating in the event. Anticipated
traffic on the river, presents safety risks
to the athletes swimming the swim
section of the triathlon. Under 33 U.S.C.
1233 authority the Coast Guard is
establishing this special local regulation
to provide for the safety of participants,
event personnel, spectators, and other
users and vessels on the Upper
Mississippi River during the swim
section of the Optum Health Triathlon.
C. Discussion of Rule
The Coast Guard is establishing a
temporary special local regulation for all
waters of the Upper Mississippi River,
from mile 842.0 to 840.0, extending the
entire width of the river. Entry into this
zone is prohibited to all vessels and
persons, except persons and vessels
specifically authorized by the Captain of
the Port Upper Mississippi River or
designated representative. This rule is
effective from 7:00 a.m. until 11:00 a.m.
on July 22, 2012. The Captain of the Port
Upper Mississippi River will inform the
public of the enforcement period by
local notice to mariners, and changes to
the enforcement by broadcast notice to
mariners.
D. Regulatory Analyses
We developed this 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 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
E:\FR\FM\03JYR1.SGM
03JYR1
39394
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations
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.
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 may be small
entities: The owners or operators of
vessels intending to transit the Upper
Mississippi River, mile 842.0 to 840.0
from 7:00 a.m. until 11:00 a.m. on July
22, 2012. This temporary special local
regulation will not have a significant
economic impact on a substantial
number of small entities because this
rule will be in effect for a limited time
period and notifications to the marine
community will be made by local notice
to mariners, and subsequent
notifications through broadcast notice to
mariners. Deviation from the rule may
be requested and will be considered on
a case-by-case basis by the Captain of
the Port or a designated representative.
If you are a small business entity and
are significantly affected by this
regulation, please contact LTJG Colin
Fogarty, Sector Upper Mississippi River
Response Department at telephone 314–
269–2546, email
Colin.M.Fogarty@uscg.mil.
sroberts on DSK5SPTVN1PROD with NOTICES
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 that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This rule is not expected to have
a significant regulatory impact as it will
be in effect for a limited time period and
notifications to the marine community
will be made by local notice to
mariners, and subsequent notifications
through broadcast notice to mariners.
Deviation from the rule may be
requested and will be considered on a
case-by-case basis by the Captain of the
Port or a designated representative.
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).
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, above.
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15:49 Jul 02, 2012
Jkt 226001
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
various levels of government. We have
analyzed this rule under that Order and
have determined that it 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 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 affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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Fmt 4700
Sfmt 4700
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 guides 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
establishing a special local regulation,
requiring a permit wherein an analysis
of the environmental impact of the
regulations was performed. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction and
an environmental analysis checklist and
a categorical exclusion determination
E:\FR\FM\03JYR1.SGM
03JYR1
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations
are not required for this rule. This rule
is categorically excluded from further
review under paragraph 34 (h) 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0312 to read as
follows:
■
sroberts on DSK5SPTVN1PROD with NOTICES
§ 100.35T08–0312 Special Local
Regulation; Upper Mississippi River, Mile
842.0 to 840.0.
(a) Regulated area. The following area
is a regulated area: a portion of the
Upper Mississippi River, from mile
842.0 to 840.0, extending the entire
width of the river near Saint Paul, MN.
(b) Enforcement dates. This rule will
be enforced from 7:00 a.m. until 11:00
a.m. on July 22, 2012.
(c) Special Local Regulations. (1) The
Coast Guard will patrol the regulated
area under the direction of a designated
Coast Guard Patrol Commander with
assistance from local authorities. The
Patrol Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) ‘‘Official patrol vessels’’ are
defined as any Coast Guard, state or
local law enforcement, and sponsor
provided vessels assigned or approved
by the Captain of the Port Upper
Mississippi River to patrol the regulated
area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer and will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants or any other vessels.
(4) No vessel shall transit through the
regulated area, unless cleared for entry
by or through an official patrol vessel.
(5) The patrol commander may forbid
and control the movement of all vessels
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15:49 Jul 02, 2012
Jkt 226001
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) The Patrol Commander will
terminate enforcement of the special
local regulations at the conclusion of the
event.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notice to mariners of
changes to the enforcement period for
the regulated area.
Dated: June 8, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2012–16297 Filed 7–2–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0073]
RIN 1625–AA08
Special Local Regulations; Ocean
State Tall Ships Festival 2012,
Narragansett Bay, RI
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary special local
regulations on the navigable waters of
Narragansett Bay and Newport Harbor,
Rhode Island, for the Ocean State Tall
Ships Festival 2012.
DATES: This rule is effective from July 6,
2012 until July 10, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket
SUMMARY:
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Fmt 4700
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39395
USCG–2012–0073. 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 Mr. Edward G. LeBlanc,
Waterways Management Division at
Coast Guard Sector Southeastern New
England, telephone 401–435–2351,
email Edward.G.LeBlanc@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
COTP Captain Of The Port
DHS Department of Homeland Security
FR Federal Register
LLNR Light List Number
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 23, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations:
Ocean State Tall Ships Festival 2012,
Narragansett Bay, RI’’ in the Federal
Register (77 FR 16974). We received no
comments on the proposed rule.
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 Ocean State Tall Ships
Festival 2012 begins on July 6, 2012.
Delaying the effective date of this rule
beyond July 6, 2012, would be contrary
to the public interest in seeing the
festival conducted according to
schedule, and would make it more
difficult for the Coast Guard to ensure
the safety of vessels and spectators from
hazards associated with this event.
B. Basis and Purpose
The legal basis for this rule is
33 U.S.C. 1233, which authorizes the
Coast Guard to define Special Local
Regulations.
These temporary special local
regulations are necessary to ensure the
safety of vessels and spectators from
E:\FR\FM\03JYR1.SGM
03JYR1
Agencies
[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39393-39395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16297]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0312]
RIN 1625-AA00
Special Local Regulation; Upper Mississippi River, Mile 842.0 to
840.0
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all waters of the Upper Mississippi River, Mile 842.0 to
840.0, extending the entire width of the river. This special local
regulation is needed to protect participants and event personnel during
the swim leg of the Optum Health Twin Cities Triathlon occurring on the
Upper Mississippi River. Entry into this area immediately before,
during, and immediately after the swim portion of the triathlon will be
prohibited unless specifically authorized by the Captain of the Port
Upper Mississippi River or a designated representative.
DATES: This rule is effective and enforceable from 7:00 a.m. until
11:00 a.m. on July 22, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0312 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2012-0312
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. 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 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Junior Grade (LTJG) Colin
Fogarty, Sector Upper Mississippi River Response Department at
telephone 314-269-2546, email Colin.M.Fogarty@uscg.mil. If you have
questions on viewing 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. 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 using the NPRM process. The Coast Guard received notice
from the sponsor, Optum Health Performance, on March 13, 2012 stating
they will be holding a triathlon on the Upper Mississippi River on July
22, 2012. The triathlon is being advertised via press releases to
various media outlets to target people on a local, state, and national
level to ensure maximum outreach and preparation for the event.
Completing the NPRM process is impracticable and contrary to the public
interest as it would delay the necessary special local regulation,
providing restricted areas and safety measures required to protect
participants and event personnel from hazards associated with a swim
event in the Mississippi River. Delaying this rule by completing the
NPRM would also unnecessarily interfere with and delay the planned
event and possible contractual obligations. For the same reasons, 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. Delaying this rule by providing 30 days notice would
be contrary to public interest because action is needed to protect
participants and event personnel during the swim leg of the Optum
Health Twin Cities Triathlon.
B. Background and Purpose
On July 22, 2012 Optum Health Performance will hold the Optum
Health Performance Twin Cities Triathlon between mile 842.0 and 840.0
on the Upper Mississippi River. There are expected to be at least 700
athletes participating in the event. Anticipated traffic on the river,
presents safety risks to the athletes swimming the swim section of the
triathlon. Under 33 U.S.C. 1233 authority the Coast Guard is
establishing this special local regulation to provide for the safety of
participants, event personnel, spectators, and other users and vessels
on the Upper Mississippi River during the swim section of the Optum
Health Triathlon.
C. Discussion of Rule
The Coast Guard is establishing a temporary special local
regulation for all waters of the Upper Mississippi River, from mile
842.0 to 840.0, extending the entire width of the river. Entry into
this zone is prohibited to all vessels and persons, except persons and
vessels specifically authorized by the Captain of the Port Upper
Mississippi River or designated representative. This rule is effective
from 7:00 a.m. until 11:00 a.m. on July 22, 2012. The Captain of the
Port Upper Mississippi River will inform the public of the enforcement
period by local notice to mariners, and changes to the enforcement by
broadcast notice to mariners.
D. Regulatory Analyses
We developed this 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 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
[[Page 39394]]
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 that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). This rule is not expected to have a significant
regulatory impact as it will be in effect for a limited time period and
notifications to the marine community will be made by local notice to
mariners, and subsequent notifications through broadcast notice to
mariners. Deviation from the rule may be requested and will be
considered on a case-by-case basis by the Captain of the Port or a
designated representative.
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 may be
small entities: The owners or operators of vessels intending to transit
the Upper Mississippi River, mile 842.0 to 840.0 from 7:00 a.m. until
11:00 a.m. on July 22, 2012. This temporary special local regulation
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for a limited time
period and notifications to the marine community will be made by local
notice to mariners, and subsequent notifications through broadcast
notice to mariners. Deviation from the rule may be requested and will
be considered on a case-by-case basis by the Captain of the Port or a
designated representative.
If you are a small business entity and are significantly affected
by this regulation, please contact LTJG Colin Fogarty, Sector Upper
Mississippi River Response Department at telephone 314-269-2546, email
Colin.M.Fogarty@uscg.mil.
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,
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 various levels of
government. We have analyzed this rule under that Order and have
determined that it 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 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 affect 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
guides 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 establishing a special local
regulation, requiring a permit wherein an analysis of the environmental
impact of the regulations was performed. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction and an environmental analysis checklist and a
categorical exclusion determination
[[Page 39395]]
are not required for this rule. This rule is categorically excluded
from further review under paragraph 34 (h) 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T08-0312 to read as follows:
Sec. 100.35T08-0312 Special Local Regulation; Upper Mississippi
River, Mile 842.0 to 840.0.
(a) Regulated area. The following area is a regulated area: a
portion of the Upper Mississippi River, from mile 842.0 to 840.0,
extending the entire width of the river near Saint Paul, MN.
(b) Enforcement dates. This rule will be enforced from 7:00 a.m.
until 11:00 a.m. on July 22, 2012.
(c) Special Local Regulations. (1) The Coast Guard will patrol the
regulated area under the direction of a designated Coast Guard Patrol
Commander with assistance from local authorities. The Patrol Commander
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''.
(2) ``Official patrol vessels'' are defined as any Coast Guard,
state or local law enforcement, and sponsor provided vessels assigned
or approved by the Captain of the Port Upper Mississippi River to
patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a minimum safe
navigation speed in a manner which will not endanger participants or
any other vessels.
(4) No vessel shall transit through the regulated area, unless
cleared for entry by or through an official patrol vessel.
(5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notice to mariners of changes to the enforcement period for the
regulated area.
Dated: June 8, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2012-16297 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P