Safety Zone; Dredge Arthur J, Lake Huron, Lakeport, MI, 47284-47287 [2012-19347]
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47284
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
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.
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
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
wreier-aviles on DSK5TPTVN1PROD with RULES
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
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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.T09–0688 to read as
follows:
■
§ 165.T09–0688 Safety Zone; Milwaukee
Air and Water Show, Lake Michigan,
Milwaukee, WI.
(a) Location. The safety zone will
encompass all waters and adjacent
shoreline of Lake Michigan and
Bradford Beach located within a 4000yard by 1000-yard rectangle. The
rectangle will be bounded by the points
beginning at 43°02′42″ N, 087°52′14″ W;
then northeast to 43°04′25″ N,
087°50′53″ W; then northwest to
43°04′40″ N, 087°51′29″ W; then
southwest to 43°02′57″ N, 087°52′50″ W;
then southeast returning to the point of
origin (NAD 83).
(b) Enforcement Period. This
regulation will be enforced on Friday,
Saturday, and Sunday of the second
weekend of August, 2012 from 8:00 a.m.
until 4:00 p.m. each day.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
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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
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 20, 2012.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2012–19344 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0709]
RIN 1625–AA00
Safety Zone; Dredge Arthur J, Lake
Huron, Lakeport, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
lower Lake Huron, Lakeport, MI. This
safety zone is intended to restrict
vessels from a portion of Lake Huron
during the preparation for and salvage
operations of the Arthur J. dredge
vessel. This temporary safety zone is
necessary to protect people, vessels and
the environment from the hazards
associated with a salvage operation.
DATES: This rule is effective with actual
notice from 11:00 a.m. on July 28, 2012
until August 8, 2012. This rule is
effective in the Federal Register from
SUMMARY:
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
August 8, 2012 until 11:00 a.m. on
August 25, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0709]. 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.’’ 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 LT Adrian
Palomeque, Prevention Department,
Sector Detroit, Coast Guard; telephone
(313) 568–9508, email Adrian.F.
Palomeque@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
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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 emergency
sinking of the dredge vessel Arthur J.
precluded the Coast Guard from having
sufficient time 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 people vessels and the
environment from the hazards
associated with a vessel salvage
operation, which are discussed further
below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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13:48 Aug 07, 2012
Jkt 226001
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 30 day notice period run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
As suggested above, salvage
operations will continue in lower Lake
Huron, MI. The Coast Guard expects
these salvage operations to continue
until approximately 11:00 a.m. on
August 25, 2012. The Captain of the Port
Detroit has determined that this
continuing vessel salvage operation
poses a significant risk to public safety
and property. Such hazards include
accidental vessel collisions, potential
fuel spills, and potential diving
operations.
In relation to the salvage operation
associated with this Temporary Final
Rule (TFR), the Coast Guard has already
published and enforced two TFRs. Each
of those TFRs established a safety zone
centered on the same coordinate as the
safety zone created herein. Although the
center point of each of these three safety
zones is identical, the radius of the first
safety zone was only 100 yards, while
the radius of this safety zone and the
second safety zone is 500 yards. The
first safety zone was effective and
enforced from July 19, 2012 until July
21, 2012. The second safety zone was
effective and enforced from July 21,
2012 until July 28, 2012. To date, the
Coast Guard knows of no negative
impacts on the public as a result of the
enforcement of these two prior safety
zones.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port Detroit has
determined that a temporary safety zone
is necessary to ensure the safety of
people and vessels during the continued
Arthur J. dredge vessel salvage
operations. As discussed above, two
safety zones in response to this sunken
vessel were previously established,
running consecutively from July 19 to
the morning of July 28, 2012. However,
the Captain of the Port, Sector Detroit
has determined that the safety zone
needs to be established for a longer
period of time in order to better mitigate
the risks to public safety and property
from this continued operation.
This safety zone will be effective and
enforced from 11:00 a.m. on July 28,
2012 until 11:00 a.m. on August 25,
2012. This zone will encompass all
waters of lower lake Huron, in the
vicinity of Lake Port, MI within a 500
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47285
yards radius of position 43°06′06″ N,
082°27′03″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit 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
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
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of lower Lake Huron from
11:00 a.m. on July 28, 2012 until 11:00
a.m. on August 25, 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 a relatively short time,
and if salvage operations are completed
before August 25, 2012, the enforcement
of the safety zone will be terminated
early. Traffic will be allowed to pass
around the zone with the coordination
of the Captain of the Port. The Captain
of the Port can be reached via VHF
channel 16. Before the enforcement 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
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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).
13:48 Aug 07, 2012
Jkt 226001
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.
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
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
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
VerDate Mar<15>2010
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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.
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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.T09–0709B to read as
follows:
■
§ 165.T09–0709B Safety Zone; Dredge
Arthur J., Lake Huron, Lakeport, MI
(a) Location. The safety zone will
encompass all waters of lower lake
Huron, in the vicinity of Lakeport, MI
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
within a 500 yards radius of position
43° 06′06″ N, 082° 27′03″ W (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and enforced
from 11:00 a.m. on July 28, 2012 until
11:00 a.m. on August 25, 2012.
(c) Regulations.
(1) 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
Detroit 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
Detroit or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Detroit is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Detroit to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Detroit or his on-scene
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 Detroit, or his on-scene
representative.
Dated: July 27, 2012.
J.E. Ogden,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–19347 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
Crops NAFTA submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of Bacillus
thuringiensis eCry3.1Ab protein in corn.
DATES: This regulation is effective
August 8, 2012. Objections and requests
for hearings must be received on or
before October 9, 2012, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0109, is
available either electronically through
https://www.regulations.gov or in hard
copy at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8715; email address:
mendelsohn.mike@epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 174
A. Does this action apply to me?
[EPA–HQ–OPP–2012–0109; FRL–9357–4]
Bacillus thuringiensis eCry3.1Ab
Protein in Corn; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of the plantincorporated protectant (PIP), Bacillus
thuringiensis eCry3.1Ab protein in corn,
in or on the food and feed commodities
of corn; corn, field; corn, sweet; and
corn, pop. Syngenta Seeds, Inc., Field
SUMMARY:
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13:48 Aug 07, 2012
Jkt 226001
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
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47287
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 174
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2012–0109 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 9, 2012. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2012–0109, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), Mail Code: 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
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]]>Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47284-47287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19347]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0709]
RIN 1625-AA00
Safety Zone; Dredge Arthur J, Lake Huron, Lakeport, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
lower Lake Huron, Lakeport, MI. This safety zone is intended to
restrict vessels from a portion of Lake Huron during the preparation
for and salvage operations of the Arthur J. dredge vessel. This
temporary safety zone is necessary to protect people, vessels and the
environment from the hazards associated with a salvage operation.
DATES: This rule is effective with actual notice from 11:00 a.m. on
July 28, 2012 until August 8, 2012. This rule is effective in the
Federal Register from
[[Page 47285]]
August 8, 2012 until 11:00 a.m. on August 25, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0709]. 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.'' 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 LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508,
email Adrian.F.Palomeque@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 emergency sinking of the dredge
vessel Arthur J. precluded the Coast Guard from having sufficient time
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 people vessels and the environment from the
hazards associated with a vessel salvage operation, 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 30 day notice period run would be
impracticable and contrary to the public interest.
B. Basis and Purpose
As suggested above, salvage operations will continue in lower Lake
Huron, MI. The Coast Guard expects these salvage operations to continue
until approximately 11:00 a.m. on August 25, 2012. The Captain of the
Port Detroit has determined that this continuing vessel salvage
operation poses a significant risk to public safety and property. Such
hazards include accidental vessel collisions, potential fuel spills,
and potential diving operations.
In relation to the salvage operation associated with this Temporary
Final Rule (TFR), the Coast Guard has already published and enforced
two TFRs. Each of those TFRs established a safety zone centered on the
same coordinate as the safety zone created herein. Although the center
point of each of these three safety zones is identical, the radius of
the first safety zone was only 100 yards, while the radius of this
safety zone and the second safety zone is 500 yards. The first safety
zone was effective and enforced from July 19, 2012 until July 21, 2012.
The second safety zone was effective and enforced from July 21, 2012
until July 28, 2012. To date, the Coast Guard knows of no negative
impacts on the public as a result of the enforcement of these two prior
safety zones.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of people and vessels during the continued Arthur J.
dredge vessel salvage operations. As discussed above, two safety zones
in response to this sunken vessel were previously established, running
consecutively from July 19 to the morning of July 28, 2012. However,
the Captain of the Port, Sector Detroit has determined that the safety
zone needs to be established for a longer period of time in order to
better mitigate the risks to public safety and property from this
continued operation.
This safety zone will be effective and enforced from 11:00 a.m. on
July 28, 2012 until 11:00 a.m. on August 25, 2012. This zone will
encompass all waters of lower lake Huron, in the vicinity of Lake Port,
MI within a 500 yards radius of position 43[deg]06'06'' N,
082[deg]27'03'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit 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 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
[[Page 47286]]
entities: The owners or operators of vessels intending to transit or
anchor in a portion of lower Lake Huron from 11:00 a.m. on July 28,
2012 until 11:00 a.m. on August 25, 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 a
relatively short time, and if salvage operations are completed before
August 25, 2012, the enforcement of the safety zone will be terminated
early. Traffic will be allowed to pass around the zone with the
coordination of the Captain of the Port. The Captain of the Port can be
reached via VHF channel 16. Before the enforcement 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 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 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.T09-0709B to read as follows:
Sec. 165.T09-0709B Safety Zone; Dredge Arthur J., Lake Huron,
Lakeport, MI
(a) Location. The safety zone will encompass all waters of lower
lake Huron, in the vicinity of Lakeport, MI
[[Page 47287]]
within a 500 yards radius of position 43[deg] 06'06'' N, 082[deg]
27'03'' W (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
and enforced from 11:00 a.m. on July 28, 2012 until 11:00 a.m. on
August 25, 2012.
(c) Regulations.
(1) 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 Detroit 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 Detroit or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Detroit to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. The Captain of the Port
Detroit or his on-scene 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 Detroit, or his on-scene representative.
Dated: July 27, 2012.
J.E. Ogden,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-19347 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P
