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