Safety Zone; Flying Magazine Air Show, Lake Winnebago, Oshkosh, WI, 43517-43520 [2012-18117]
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Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Rules and Regulations
Technical Standards
docket where indicated under
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.
ADDRESSES.
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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 that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. The evaluation of the
impact of LNG vessels on the anchorage
is not required because the proposed
LNG facility at Weaver’s Cove has been
withdrawn as documented above, and
thus there are no reasonably foreseeable
LNG-related impacts that need to be
considered.
In accordance with the Coast Guard
NEPA implementing Instruction, this
rule is categorically excluded from
further analysis and documentation
under NEPA. Since this rule involves
removal of an obsolete anchorage area
and establishment of another,
Categorical Exclusion (34)(f) under
Figure 2–1 of the Instruction applies.
The rule is no longer controversial.
Public comments and input primarily
addressed issues arising from the nowabandoned proposal to create an LNG
facility at Weaver’s Cove, Fall River,
Massachusetts. The Coast Guard has no
evidence to suggest that any other
criteria noted in DHS D 023–01, Section
V.F.12 or COMDTINST 16475.1D
Chapter 2 B 2(b) would suggest an
inquiry beyond the categorical
exclusion. An environmental analysis
checklist and a categorical exclusion
determination are available in the
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List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Remove and reserve
§ 110.145(a)(2)(ii).
■ 3. Add § 110.149 to subpart B to read
as follows:
■
§ 110.149
Narragansett Bay, RI.
(a) Brenton Point anchorage ground.
An area bounded by the following
coordinates: 41°22′37.1″ N, 71°14′40.3″
W; thence to 41°20′42.8″ N, 71°14′40.3″
W; thence to 41°18′24.1″ N, 71°20′32.5″
W; thence to 41°20′22.6″ N, 71°20′32.5″
W; thence back to point of origin.
(b) The following regulations apply in
the Brenton Point anchorage ground.
(1) Prior to anchoring within the
anchorage area, all vessels shall notify
the Coast Guard Captain of the Port via
VHF–FM Channel 16.
(2) Except as otherwise provided, no
vessel may occupy this anchorage
ground for a period of time in excess of
96 hours without prior approval of the
Captain of the Port.
(3) If a request is made for the longterm lay up of a vessel, the Captain of
the Port may establish special
conditions with which the vessel must
comply in order for such a request to be
approved.
(4) No vessel in such condition that it
is likely to sink or otherwise become a
menace or obstruction to navigation or
anchorage of other vessels shall occupy
an anchorage except in cases where
unforeseen circumstances create
conditions of imminent peril to
personnel and then only for such period
as may be authorized by the Captain of
the Port.
(5) Anchors shall be placed well
within the anchorage areas so that no
portion of the hull or rigging will at any
time extend outside of the anchorage
area.
(6) The Coast Guard Captain of the
Port may close the anchorage area and
direct vessels to depart the anchorage
during periods of adverse weather or at
other times as deemed necessary in the
interest of port safety and security.
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43517
(7) Any vessel anchored in these
grounds must be capable of getting
underway if ordered by the Captain of
the Port and must be able to do so
within two hours of notification by the
Captain of the Port. If a vessel will not
be able to get underway within two
hours of notification, permission must
be requested from the Captain of the
Port to remain in the anchorage. No
vessel shall anchor in a ‘‘dead ship’’
status (propulsion or control
unavailable for normal operations)
without prior approval of the Captain of
the Port.
(8) Brenton Point anchorage ground is
a general anchorage area reserved
primarily for commercial vessels
waiting to enter Narragansett Bay.
(9) Temporary floats or buoys for
marking anchors or moorings in place
will be allowed in this area. Fixed
mooring piles or stakes will not be
allowed.
(10) All coordinates referenced use
datum: NAD 83.
Dated: July 13, 2012.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–18127 Filed 7–24–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0635]
RIN 1625–AA00
Safety Zone; Flying Magazine Air
Show, Lake Winnebago, Oshkosh, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Winnebago in Oshkosh,
Wisconsin. This safety zone is intended
to restrict vessels from a portion of Lake
Winnebago during the Flying Magazine
Air show. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
an air show over water and associated
fireworks display.
DATES: This rule will be effective
between 5:45 p.m. until 10 p.m. on July
24, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0635]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Rules and Regulations
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box, and
click ‘‘Search.’’ You may visit the
Docket Management Facility,
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email CWO Jon Grob, U.S.
Coast Guard Sector Lake Michigan;
telephone 414–747–7188, email
Jon.K.Grob@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
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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 and contrary
to the public interest. 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 and vessels from the hazards
associated with an air show and
associated pyrotechnics, 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 a 30 day notice period to run
would be impracticable and contrary to
the public interest.
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B. Basis and Purpose
Between 6:00 p.m. and 9:30 p.m. on
July 24, 2012, an air show with
associated pyrotechnics will be held
over Lake Winnebago in Oshkosh WI.
The Captain of the Port, Sector Lake
Michigan, has determined that an
aircraft executing acrobatic maneuvers
with associated pyrotechnics proximate
to a gathering of watercraft and
personnel pose a significant risk to
public safety and property. Such
hazards include aircraft malfunctions
and subsequent crash, premature and
accidental detonations of pyrotechnics,
dangerous projectiles, and falling or
burning debris.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port, Sector
Lake Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of spectators and
vessels during the air show. This zone
will be effective and enforced from 5:45
p.m. until 10:00 p.m. on July 24, 2012.
The zone will encompass all waters of
Lake Winnebago bounded by a line
drawn from 44°00′36″ N, 088°30′50″ W;
then north to 44°01′26″ N, 088°30′50″
W; then east to 44°01′26″ N, 088°30′16″
W; then south to 44°00′36″ N,
088°30′16″ W; then west returning to the
point of origin (NAD 83). Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Lake Michigan, or his designated
on-scene representative. The Captain of
the Port or his designated on-scene
representative may be contacted via
VHF Channel 16.
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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 Lake Winnebago, Oshkosh,
WI on the evening of July 24, 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 four hours and
fifteen minutes in the evening. 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.
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
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
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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
INTFORMATION 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 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.
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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.
43519
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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.
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
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
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1. The authority citation for part 165
continues to read as follows:
■
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.
2. Add § 165.T09–0635 to read as
follows:
■
§ 165.T09–0635 Safety Zone; Flying
Magazine Air Show, Lake Winnebago,
Oshkosh, WI.
(a) Location. The safety zone will
encompass all waters of Lake
Winnebago, Oshkosh, Wisconsin
bounded by a line drawn from 44°00′36″
N, 088°30′50″ W; then north to
44°01′26″ N, 088°30′50″ W; then east to
44°01′26″ N, 088°30′16″ W; then south
to 44°00′36″ N, 088°30′’16″ W; then west
returning to the point of origin (NAD
83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on July 24, 2012 from 5:45
p.m. until 10:00 p.m.
(c) Regulations. 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, Sector Lake
Michigan 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,
Sector Lake Michigan or his designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Lake
Michigan is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan or his on-scene
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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, Sector Lake Michigan, or his
on-scene representative.
Dated: July 5, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2012–18117 Filed 7–24–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2011–0577; FRL–9356–1]
RIN 2070–AB27
Significant New Use Rules on a Certain
Chemical Substance; Removal of
Significant New Use Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is removing significant
new use rules (SNURs) promulgated
under the Toxic Substances Control Act
(TSCA) for five chemical substances
which were the subject of
premanufacture notices (PMNs). EPA
published these SNURs using direct
final rulemaking procedures. EPA
received notice of intent to submit
adverse comments on the rules.
Therefore, the Agency is removing these
SNURs, as required under the expedited
SNUR rulemaking process. EPA intends
to publish in the near future proposed
SNURs for these five chemical
substances under separate notice and
comment procedures.
DATES: This final rule is effective on July
25, 2012.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Does this action apply to me?
A list of potentially affected entities is
provided in the Federal Register of
April 27, 2012 (77 FR 25236) (FRL–
9343–4). If you have questions regarding
the applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
II. What Rule is being removed?
In the Federal Register of April 27,
2012 (77 FR 25236), EPA issued several
direct final SNURs, including SNURs
for five chemical substances that are the
subject of this removal. These direct
final rules were issued pursuant to the
procedures in 40 CFR part 721 subpart
D. In accordance with § 721.160(c)(3)(ii),
EPA is removing these rules issued for
five chemical substance which were the
subject of PMNs P–01–384, P–01–385,
P–01–386, P–01–387, and P–01–388
because the Agency received notice of
intent to submit adverse comments
without sufficient time to respond prior
to the effective date of the rule. EPA
intends to publish proposed SNURs for
these chemical substances under
separate notice and comment
procedures.
For further information regarding
EPA’s expedited process for issuing
SNURs, interested parties are directed to
40 CFR part 721, subpart D, and the
Federal Register of July 27, 1989 (54 FR
31314). The record for the direct final
SNUR for these chemical substances
that are being removed was established
at EPA–HQ–OPPT–2011–0577. That
record includes information considered
by the Agency in developing this rule
and the notice of intent to submit
adverse comments.
III. How do I access the docket?
To access the electronic docket,
please go to https://www.regulations.gov
and follow the online instructions to
access docket ID number EPA–HQ–
OPPT–2011–0577. Additional
information about the Docket Facility is
provided under ADDRESSES in the
Federal Register of April 27, 2012 (77
FR 25236). If you have questions,
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
IV. Statutory and Executive Order
Reviews
This final rule removes existing
regulatory requirements and does not
contain any new or amended
requirements. As such, the Agency has
determined that this removal will not
have any adverse impacts, economic or
otherwise. The statutory and executive
order review requirements applicable to
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the direct final rule were discussed in
the Federal Register of April 27, 2012
(77 FR 25236). Those review
requirements do not apply to this action
because it is a removal and does not
contain any new or amended
requirements.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: July 16, 2012.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
§ 9.1
[Amended]
2. The table in § 9.1 is amended by
removing the following sections under
the undesignated center heading
‘‘Significant New Uses of Chemical
Substances’’: §§ 721.10308, 721.10309,
721.10310, 721.10311, and 721.10312.
■
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43517-43520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18117]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0635]
RIN 1625-AA00
Safety Zone; Flying Magazine Air Show, Lake Winnebago, Oshkosh,
WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Winnebago in Oshkosh, Wisconsin. This safety zone is intended to
restrict vessels from a portion of Lake Winnebago during the Flying
Magazine Air show. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with an air show
over water and associated fireworks display.
DATES: This rule will be effective between 5:45 p.m. until 10 p.m. on
July 24, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0635]. To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 43518]]
www.regulations.gov, type the docket number in the ``SEARCH'' box, and
click ``Search.'' You may visit the Docket Management Facility,
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email CWO Jon Grob, U.S. Coast Guard Sector
Lake Michigan; telephone 414-747-7188, email Jon.K.Grob@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. 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 and
contrary to the public interest. 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 and
vessels from the hazards associated with an air show and associated
pyrotechnics, 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 a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 6:00 p.m. and 9:30 p.m. on July 24, 2012, an air show with
associated pyrotechnics will be held over Lake Winnebago in Oshkosh WI.
The Captain of the Port, Sector Lake Michigan, has determined that an
aircraft executing acrobatic maneuvers with associated pyrotechnics
proximate to a gathering of watercraft and personnel pose a significant
risk to public safety and property. Such hazards include aircraft
malfunctions and subsequent crash, premature and accidental detonations
of pyrotechnics, dangerous projectiles, and falling or burning debris.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of spectators and vessels during the air
show. This zone will be effective and enforced from 5:45 p.m. until
10:00 p.m. on July 24, 2012. The zone will encompass all waters of Lake
Winnebago bounded by a line drawn from 44[deg]00'36'' N,
088[deg]30'50'' W; then north to 44[deg]01'26'' N, 088[deg]30'50'' W;
then east to 44[deg]01'26'' N, 088[deg]30'16'' W; then south to
44[deg]00'36'' N, 088[deg]30'16'' W; then west returning to the point
of origin (NAD 83). Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Lake Michigan, or his designated on-scene representative. The
Captain of the Port or his designated on-scene representative may be
contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for a relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.
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 Lake Winnebago, Oshkosh, WI on the
evening of July 24, 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 four hours and fifteen minutes in the evening. 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
[[Page 43519]]
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
INTFORMATION 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 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. 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.
0
2. Add Sec. 165.T09-0635 to read as follows:
Sec. 165.T09-0635 Safety Zone; Flying Magazine Air Show, Lake
Winnebago, Oshkosh, WI.
(a) Location. The safety zone will encompass all waters of Lake
Winnebago, Oshkosh, Wisconsin bounded by a line drawn from
44[deg]00'36'' N, 088[deg]30'50'' W; then north to 44[deg]01'26'' N,
088[deg]30'50'' W; then east to 44[deg]01'26'' N, 088[deg]30'16'' W;
then south to 44[deg]00'36'' N, 088[deg]30''16'' W; then west returning
to the point of origin (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 24, 2012 from 5:45 p.m. until 10:00 p.m.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan 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, Sector Lake Michigan or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan or his on-scene
[[Page 43520]]
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, Sector
Lake Michigan, or his on-scene representative.
Dated: July 5, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-18117 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P
