Safety Zone; 2012 Ironman US Championship Swim, Hudson River, Fort Lee, NJ, 46613-46615 [2012-19080]

Download as PDF Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations Modesto, CA 95354 has informed FDA of a change of address to 4100 Bangs Ave., Modesto, CA 95356. Accordingly, the Agency is amending the regulations in 21 CFR 510.600 to reflect these changes. This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808. List of Subjects Drug labeler code Firm name and address * * * * * 033008 ........ Veterinary Service, Inc., 4100 Bangs Ave., Modesto, CA 95356. * * * * * PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for 21 CFR part 522 continues to read as follows: ■ 21 CFR Part 510 Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements. Authority: 21 U.S.C. 360b. § 522.150 [Amended] 4. In paragraph (b) of § 522.150, remove ‘‘012578’’ and in its place add ‘‘000986’’. ■ 21 CFR Parts 520 and 524 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 510, 522, and 524 are amended as follows: PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS 5. The authority citation for 21 CFR part 524 continues to read as follows: ■ Authority: 21 U.S.C. 360b. 6. In § 524.1445, revise paragraph (b) to read as follows: ■ PART 510—NEW ANIMAL DRUGS ■ 1. The authority citation for 21 CFR part 510 continues to read as follows: § 524.1445 Miconazole, polymixin B, and prednisolone suspension. Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e. * 2. In § 510.600, in the table in paragraph (c)(1), remove the entry for ‘‘Janssen Pharmaceutica NV’’ and revise the entry for ‘‘Veterinary Service, Inc.’’; and in the table in paragraph (c)(2), remove the entry for ‘‘012758’’ and revise the entry for ‘‘033008’’ to read as follows: Dated: August 1, 2012. Elizabeth Rettie, Deputy Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. ■ § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications. * * * (c) * * * (1) * * * * emcdonald@gpo.gov on DSK67QTVN1PROD with RULES VerDate Mar<15>2010 and Fort Lee, NJ for the 2012 Ironman US Championship swim event. This temporary safety zone is necessary to protect the maritime public and event participants from the hazards associated with swim events. This rule is intended to restrict all vessels and persons from entering into, transiting through, mooring, or anchoring within the safety zone unless authorized by the Captain of the Port (COTP) New York or a designated representative. DATES: This rule is effective from 6 a.m. until 10 a.m. on August 11, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2012–0223]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 Ensign Kimberly Farnsworth, Coast Guard; Telephone (718) 354–4163, email Kimberly.A.Farnsworth@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 CFR Code of Federal Regulations NPRM Notice of Proposed Rulemaking COTP Captain of the Port A. Regulatory History and Information * Drug labeler code 33 CFR Part 165 * RIN 1625–AA00 * 033008 * * [Docket Number USCG–2012–0223] Safety Zone; 2012 Ironman US Championship Swim, Hudson River, Fort Lee, NJ Coast Guard, DHS. Final rule. AGENCY: ACTION: (2) * * * Drug labeler code BILLING CODE 4160–01–P Coast Guard * * * Veterinary Service, Inc., 4100 Bangs Ave., Modesto, CA 95356 ............... * [FR Doc. 2012–19147 Filed 8–3–12; 8:45 am] DEPARTMENT OF HOMELAND SECURITY * Firm name and address * * * * * (b) Sponsor. See No. 000986 in § 510.600(c) of this chapter. * * * * * 46613 The Coast Guard is establishing a temporary safety zone on the navigable waters of the Hudson River in the vicinity of Englewood Cliffs SUMMARY: Firm name and address 14:44 Aug 03, 2012 Jkt 226001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 On June 8, 2012, we published a notice of proposed rulemaking (NPRM) entitled 2012 Ironman US Championship Swim, Hudson River, Fort Lee, NJ in the Federal Register (77 FR 34285). We received no comments on the proposed rule. No public meeting was requested and none was held. 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. This event will occur before 30 days has elapsed after the publication of the rule. The event sponsor is unable and unwilling to postpone this event because the date of this event was E:\FR\FM\06AUR1.SGM 06AUR1 46614 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations chosen based on optimal tide, current, and weather conditions needed to promote the safety of swim participants. In addition, any change to the date of the event would cause economic hardship on the marine event sponsor and negatively impact other activities being held in conjunction with this event, such as potentially causing numerous event participant cancellations. be minimized for the following reasons. Vessels will only be restricted from the safety zone for a short duration of time. Before activating the zone, we will notify mariners by appropriate means including but not limited to Local Notice to Mariners and Broadcast Notice to Mariners. Furthermore, vessels may be authorized to transit the zones with permission of the COTP New York or designated representative. B. Basis and Purpose The legal basis for this rule is 33 U.S.C 1231; 46 U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05– 1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1, which collectively authorizes the Coast Guard to define regulatory safety zones. The COTP has determined that swim events in close proximity to marine traffic pose significant risk to public safety and property. The combination of increased numbers of recreation vessels, congested waterways, and large numbers of swimmers in the water has the potential to result in serious injuries or fatalities. In order to protect the safety of all waterway users including event participants and spectators, this rule establishes a temporary safety zone for the duration of the event. 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 received no comments from the Small Business Administration on this rule. 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. (1) This rule would 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 Hudson River during the effective period. (2) This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone will be enforced for only 4 hours. Vessel traffic can pass safely through the safety zone with permission from the COTP or a designated representative. Before activating the zone, we will notify mariners by appropriate means including but not limited to Local Notice to Mariners and Broadcast Notice to Mariners. C. Discussion of Comments, Changes and the Final Rule No comments were received. The Coast Guard did not make any changes in this final rule that were not published in the NPRM. emcdonald@gpo.gov on DSK67QTVN1PROD with RULES 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. We expect the economic impact of this rule to be very minimal. Although this regulation may have some impact on the public, the potential impact will VerDate Mar<15>2010 14:44 Aug 03, 2012 Jkt 226001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires 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 E:\FR\FM\06AUR1.SGM 06AUR1 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations 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. emcdonald@gpo.gov on DSK67QTVN1PROD with RULES 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 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. 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 Marine safety, Navigation (water), Reporting and recordkeeping requirements, waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: VerDate Mar<15>2010 14:44 Aug 03, 2012 Jkt 226001 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0223 to read as follows: ■ § 165.T01–0223 Safety Zone; 2012 Ironman US Championship Swim, Hudson River, Fort Lee, NJ. (a) Regulated Area. All navigable waters of the Hudson River bound by a line drawn from the shoreline of the Palisades Interstate Parkway, approximately 2.8 NM North of the George Washington Bridge, Fort Lee, New Jersey, approximate position 40°53′44.93″ N 073°56′11.79″ W, east to a point 515 yards offshore, approximate position 40°53′40.00″ N 073°55′53.00″ W, south to a position 242 yards offshore, approximate position 40°51′30.00″ N 073°57′09.00″ W, west to the south corner of Ross Dock, Fort Lee, New Jersey, approximate position 40°51′33.77″ N 073°57′16.00″ W, then back to the point of origin. (b) Effective Period. This rule will be effective from 6 a.m. to 10 a.m. on August 11, 2012. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port Sector New York (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Regulations. (1) No vessels, except for participating safety vessels, will be allowed to transit the safety zone without the permission of the COTP. (2) All persons and vessels shall comply with the instructions of the COTP or the designated representative. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 46615 light, or other means, the operator of a vessel shall proceed as directed. (3) Vessel operators desiring to enter or operate within the regulated area shall contact the COTP or the designated representative via VHF channel 16 or 718–354–4353 (Coast Guard Sector New York command center) to obtain permission to do so. Dated: July 19, 2012. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2012–19080 Filed 8–3–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Parts 1, 5, 10, 11, and 41 [Docket No. PTO–P–2011–0072] RIN 0651–AC66 Changes To Implement Miscellaneous Post Patent Provisions of the LeahySmith America Invents Act United States Patent and Trademark Office, Commerce. ACTION: Final rule. AGENCY: The Leahy-Smith America Invents Act (AIA) expands the scope of information that any party may cite in a patent file to include written statements of a patent owner filed in a proceeding before a Federal court or the United States Patent and Trademark Office (Office) regarding the scope of any claim of the patent, and provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review. The AIA also provides for an estoppel that may attach with respect to the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding. The Office is revising the rules of practice to implement these post-patent provisions, as well as other miscellaneous provisions, of the AIA. DATES: Effective date: The changes in this final rule are effective on September 16, 2012. FOR FURTHER INFORMATION CONTACT: Joseph F. Weiss, Jr. ((571) 272–7759), Legal Advisor, or Pinchus M. Laufer ((571) 272–7726), Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Rules and Regulations]
[Pages 46613-46615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19080]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0223]
RIN 1625-AA00


Safety Zone; 2012 Ironman US Championship Swim, Hudson River, 
Fort Lee, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Hudson River in the vicinity of Englewood 
Cliffs and Fort Lee, NJ for the 2012 Ironman US Championship swim 
event. This temporary safety zone is necessary to protect the maritime 
public and event participants from the hazards associated with swim 
events. This rule is intended to restrict all vessels and persons from 
entering into, transiting through, mooring, or anchoring within the 
safety zone unless authorized by the Captain of the Port (COTP) New 
York or a designated representative.

DATES: This rule is effective from 6 a.m. until 10 a.m. on August 11, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0223]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 Ensign Kimberly Farnsworth, Coast Guard; Telephone (718) 
354-4163, email Kimberly.A.Farnsworth@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
CFR Code of Federal Regulations
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    On June 8, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled 2012 Ironman US Championship Swim, Hudson River, Fort 
Lee, NJ in the Federal Register (77 FR 34285). We received no comments 
on the proposed rule. No public meeting was requested and none was 
held.
    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. This event will occur before 30 
days has elapsed after the publication of the rule. The event sponsor 
is unable and unwilling to postpone this event because the date of this 
event was

[[Page 46614]]

chosen based on optimal tide, current, and weather conditions needed to 
promote the safety of swim participants. In addition, any change to the 
date of the event would cause economic hardship on the marine event 
sponsor and negatively impact other activities being held in 
conjunction with this event, such as potentially causing numerous event 
participant cancellations.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C 1231; 46 U.S.C Chapter 
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorizes the Coast 
Guard to define regulatory safety zones.
    The COTP has determined that swim events in close proximity to 
marine traffic pose significant risk to public safety and property. The 
combination of increased numbers of recreation vessels, congested 
waterways, and large numbers of swimmers in the water has the potential 
to result in serious injuries or fatalities. In order to protect the 
safety of all waterway users including event participants and 
spectators, this rule establishes a temporary safety zone for the 
duration of the event.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received. The Coast Guard did not make any changes 
in this final rule that were not published in the NPRM.

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.
    We expect the economic impact of this rule to be very minimal. 
Although this regulation may have some impact on the public, the 
potential impact will be minimized for the following reasons. Vessels 
will only be restricted from the safety zone for a short duration of 
time. Before activating the zone, we will notify mariners by 
appropriate means including but not limited to Local Notice to Mariners 
and Broadcast Notice to Mariners. Furthermore, vessels may be 
authorized to transit the zones with permission of the COTP New York or 
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 
received no comments from the Small Business Administration on this 
rule. 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.
    (1) This rule would 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 Hudson River during the 
effective period.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
safety zone will be enforced for only 4 hours. Vessel traffic can pass 
safely through the safety zone with permission from the COTP or a 
designated representative. Before activating the zone, we will notify 
mariners by appropriate means including but not limited to Local Notice 
to Mariners and 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, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires 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

[[Page 46615]]

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 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. 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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 AREA

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T01-0223 to read as follows:


Sec.  165.T01-0223  Safety Zone; 2012 Ironman US Championship Swim, 
Hudson River, Fort Lee, NJ.

    (a) Regulated Area. All navigable waters of the Hudson River bound 
by a line drawn from the shoreline of the Palisades Interstate Parkway, 
approximately 2.8 NM North of the George Washington Bridge, Fort Lee, 
New Jersey, approximate position 40[deg]53'44.93'' N 073[deg]56'11.79'' 
W, east to a point 515 yards offshore, approximate position 
40[deg]53'40.00'' N 073[deg]55'53.00'' W, south to a position 242 yards 
offshore, approximate position 40[deg]51'30.00'' N 073[deg]57'09.00'' 
W, west to the south corner of Ross Dock, Fort Lee, New Jersey, 
approximate position 40[deg]51'33.77'' N 073[deg]57'16.00'' W, then 
back to the point of origin.
    (b) Effective Period. This rule will be effective from 6 a.m. to 10 
a.m. on August 11, 2012.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port Sector 
New York (COTP), to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) No vessels, except for participating safety 
vessels, will be allowed to transit the safety zone without the 
permission of the COTP.
    (2) All persons and vessels shall comply with the instructions of 
the COTP or the designated representative. Upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed.
    (3) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP or the designated representative 
via VHF channel 16 or 718-354-4353 (Coast Guard Sector New York command 
center) to obtain permission to do so.

    Dated: July 19, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-19080 Filed 8-3-12; 8:45 am]
BILLING CODE 9110-04-P