Special Local Regulation; Port Huron Offshore Gran Prix, St. Clair River; Port Huron, MI, 47522-47524 [2012-19484]
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47522
Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
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
implementation of regulations within 33
CFR Part 100 that apply to organized
marine events on the navigable waters
of the United States that may have
potential for negative impact on the
safety or other interest of waterway
users and shore side activities in the
event area. This special local regulation
is necessary to provide for the safety of
the general public and event
participants from potential hazards
associated with movement of vessels
near the event area. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T05–0482
to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 100.35T05–0482, Special Local
Regulations for Marine Events, Wrightsville
Channel; Wrightsville Beach, NC.
(a) Regulated area. The following
location is a regulated area: All waters
of the Atlantic Intracoastal Waterway
within 550 yards north and south of the
U.S. 74/76 Bascule Bridge, mile 283.1,
latitude 34°13′06″ North, longitude
077°48′44″ West, at Wrightsville Beach,
North Carolina. All coordinates
reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
VerDate Mar<15>2010
15:53 Aug 08, 2012
Jkt 226001
by the Commander, Coast Guard Sector
North Carolina.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector North Carolina with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant means all vessels
participating in the ‘‘Swim Harbor
Island’’ swim event under the auspices
of the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector North
Carolina.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander will
control the movement of all vessels in
the vicinity of the regulated area. When
hailed or signaled by an official patrol
vessel, a vessel approaching the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in
termination of voyage and citation for
failure to comply.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property. The Coast Guard may
be assisted in the patrol and
enforcement of the regulated area by
other Federal, State, and local agencies.
(3) Only participants and official
patrol vessels are allowed to enter the
regulated area. Persons or vessels
requiring entry into or passage within
the zone must request authorization
from the Captain of the Port North
Carolina or his designated
representative by telephone at (910)
343–3882 or on VHF–FM marine band
radio channel 16.
(4) All Coast Guard vessels enforcing
the regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22 (157.1
MHz). The Coast Guard will issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 11 a.m.
on September 29, 2012.
Dated: July 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2012–19483 Filed 8–8–12; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0700]
RIN 1625–AA08
Special Local Regulation; Port Huron
Offshore Gran Prix, St. Clair River; Port
Huron, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the St. Clair River, Port Huron,
Michigan. This action is necessary and
intended to ensure safety of life on the
navigable waters immediately prior to,
during, and immediately after the Port
Huron Offshore Gran Prix boat race.
This special local regulation will
establish restrictions upon, and control
movement of, vessels in a portion of the
St. Clair River. During the enforcement
period, no person or vessel may enter
the regulated area without permission of
the Captain of the Port.
DATES: This rule is effective from 11:30
a.m. on August 11, 2012, until 4 p.m. on
August 12, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0700]. 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 the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators, participants and vessels from
the hazards associated with power boat
races, 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
Between 11:30 a.m. and 3:30 p.m. on
August 11, 2012, and 8:30 a.m. until 4
p.m. on August 12, 2012, the OPA
Racing LLC is holding powerboat races
that will require the immediate area to
be clear of all vessel traffic. The Captain
of the Port Detroit has determined
powerboat races in close proximity to
watercraft and infrastructure pose
significant risk to public safety and
property. The likely combination of
large numbers of recreation vessels,
powerboats traveling at high speeds,
and large numbers of spectators in close
proximity to the water could easily
result in serious injuries or fatalities.
mstockstill on DSK4VPTVN1PROD with RULES
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port Detroit has
determined that a special local
regulation is necessary to ensure the
safety of spectators, vessels, and
participants. This special local
regulation will be effective from 11:30
VerDate Mar<15>2010
15:53 Aug 08, 2012
Jkt 226001
a.m. on August 11, 2012 until 4 p.m. on
August 12, 2012 and enforced from
11:30 a.m. to 3:30 p.m. on August 11,
2012, and 8:30 a.m. until 4 p.m. on
August 12, 2012. This regulated area
will encompass all waters of the St.
Clair River, beginning at a point on land
at 42°58′50″ N, 082°25′12″ W; extending
east to the international border at
42°58′50″ N, 082°24′59″ W; extending
south along the international border, in
U.S. waters of the St. Clair River, to
position 42°57′05″ N, 082°25′47″ W;
extending west to position 42°57′05″ N,
082°26′02″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
Entry into, transiting, or anchoring
within the regulated area 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
regulated navigation area created by this
rule will be relatively small and
enforced for relatively short time. Also,
the regulated navigation area is
designed to minimize its impact on
navigable waters. Furthermore, the
regulated navigation area has been
designed to allow vessels to transit
through it. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Under
PO 00000
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47523
certain conditions, moreover, vessels
may still transit through the regulated
navigation area 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 would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
this portion of the St. Clair River near
Port Huron, MI between 11:30 a.m. until
3:30 p.m. on August 11, 2012, and 8:30
a.m. until 4 p.m. on August 12, 2012.
This special local regulation will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: This regulated
area would be activated, and thus
subject to enforcement, for only 4 hours
on August 11, 2012, and 7.5 hours on
August 12, 2012. Traffic may be allowed
to pass through the regulated area with
the permission of the Captain of the
Port. The Captain of the Port can be
reached via VHF channel 16. Before
enforcement of the regulated area
begins, we will 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
E:\FR\FM\09AUR1.SGM
09AUR1
47524
Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on 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.
11. 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.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
6. 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.
7. 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.
8. 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.
9. Protection of Children
mstockstill on DSK4VPTVN1PROD with RULES
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.
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
15:53 Aug 08, 2012
Jkt 226001
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Dated: July 30, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–19484 Filed 8–8–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0700 to read as
follows:
33 CFR Part 117
§ 100.T09–0700 Special Local Regulation;
Port Huron Offshore Gran Prix, Port Huron,
MI.
Drawbridge Operation Regulations;
Cheesequake Creek, Morgan, South
Amboy, NJ
■
10. Indian Tribal Governments
VerDate Mar<15>2010
13. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation and, therefore it
is categorically excluded from further
review under paragraph (34)(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
River, Port Huron, Michigan, beginning
at a point on land at 42°58′50″ N,
082°25′12″ W; extending east to the
international border at 42°58′50″ N,
082°24′59″ W; extending south along the
international border, in U.S. waters of
the St. Clair River, to position 42°57′05″
N, 082°25′47″ W; extending west to
position 42°57′05″ N, 082°26′02″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Enforcement Period. This special
local regulation will be enforced from
11:30 a.m. to 3:30 p.m. on August 11,
2012, and 8:30 a.m. until 4 p.m. on
August 12, 2012.
(1) (c) Regulations. (1) In accordance
with the general regulations in section
100.901 of this part, entry into,
transiting, or anchoring within this
regulated area is prohibited unless
authorized by the Captain of the Port
Detroit or his designated on-scene
representative.
(2) This regulated navigation area is
closed to all vessel traffic, except as may
be permitted by the Captain of the
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 regulated area
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
regulated area must comply with all
directions given to them by the Captain
of the Port Detroit, or his on-scene
representative.
(a) Location. The regulated area will
encompass all waters of the St. Clair
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[Docket No. USCG–2012–0724]
AGENCY:
E:\FR\FM\09AUR1.SGM
Coast Guard, DHS.
09AUR1
]]>Agencies
[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47522-47524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19484]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0700]
RIN 1625-AA08
Special Local Regulation; Port Huron Offshore Gran Prix, St.
Clair River; Port Huron, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the St. Clair River, Port Huron, Michigan. This action is necessary and
intended to ensure safety of life on the navigable waters immediately
prior to, during, and immediately after the Port Huron Offshore Gran
Prix boat race. This special local regulation will establish
restrictions upon, and control movement of, vessels in a portion of the
St. Clair River. During the enforcement period, no person or vessel may
enter the regulated area without permission of the Captain of the Port.
DATES: This rule is effective from 11:30 a.m. on August 11, 2012, until
4 p.m. on August 12, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0700]. 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 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
[[Page 47523]]
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators,
participants and vessels from the hazards associated with power boat
races, 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
Between 11:30 a.m. and 3:30 p.m. on August 11, 2012, and 8:30 a.m.
until 4 p.m. on August 12, 2012, the OPA Racing LLC is holding
powerboat races that will require the immediate area to be clear of all
vessel traffic. The Captain of the Port Detroit has determined
powerboat races in close proximity to watercraft and infrastructure
pose significant risk to public safety and property. The likely
combination of large numbers of recreation vessels, powerboats
traveling at high speeds, and large numbers of spectators in close
proximity to the water could easily result in serious injuries or
fatalities.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port
Detroit has determined that a special local regulation is necessary to
ensure the safety of spectators, vessels, and participants. This
special local regulation will be effective from 11:30 a.m. on August
11, 2012 until 4 p.m. on August 12, 2012 and enforced from 11:30 a.m.
to 3:30 p.m. on August 11, 2012, and 8:30 a.m. until 4 p.m. on August
12, 2012. This regulated area will encompass all waters of the St.
Clair River, beginning at a point on land at 42[deg]58'50'' N,
082[deg]25'12'' W; extending east to the international border at
42[deg]58'50'' N, 082[deg]24'59'' W; extending south along the
international border, in U.S. waters of the St. Clair River, to
position 42[deg]57'05'' N, 082[deg]25'47'' W; extending west to
position 42[deg]57'05'' N, 082[deg]26'02'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
Entry into, transiting, or anchoring within the regulated area 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
regulated navigation area created by this rule will be relatively small
and enforced for relatively short time. Also, the regulated navigation
area is designed to minimize its impact on navigable waters.
Furthermore, the regulated navigation area has been designed to allow
vessels to transit through 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 regulated
navigation area 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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the St. Clair River near Port
Huron, MI between 11:30 a.m. until 3:30 p.m. on August 11, 2012, and
8:30 a.m. until 4 p.m. on August 12, 2012.
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This regulated area would be activated, and thus subject to
enforcement, for only 4 hours on August 11, 2012, and 7.5 hours on
August 12, 2012. Traffic may be allowed to pass through the regulated
area with the permission of the Captain of the Port. The Captain of the
Port can be reached via VHF channel 16. Before enforcement of the
regulated area begins, we will 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
[[Page 47524]]
about this rule or any policy or action of the Coast Guard.
4. Collection of Information
This rule calls for no 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 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. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves a special local regulation and, therefore it is
categorically excluded from further review under paragraph (34)(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T09-0700 to read as follows:
Sec. 100.T09-0700 Special Local Regulation; Port Huron Offshore Gran
Prix, Port Huron, MI.
(a) Location. The regulated area will encompass all waters of the
St. Clair River, Port Huron, Michigan, beginning at a point on land at
42[deg]58'50'' N, 082[deg]25'12'' W; extending east to the
international border at 42[deg]58'50'' N, 082[deg]24'59'' W; extending
south along the international border, in U.S. waters of the St. Clair
River, to position 42[deg]57'05'' N, 082[deg]25'47'' W; extending west
to position 42[deg]57'05'' N, 082[deg]26'02'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
(b) Enforcement Period. This special local regulation will be
enforced from 11:30 a.m. to 3:30 p.m. on August 11, 2012, and 8:30 a.m.
until 4 p.m. on August 12, 2012.
(1) (c) Regulations. (1) In accordance with the general regulations
in section 100.901 of this part, entry into, transiting, or anchoring
within this regulated area is prohibited unless authorized by the
Captain of the Port Detroit or his designated on-scene representative.
(2) This regulated navigation area is closed to all vessel traffic,
except as may be permitted by the Captain of the 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
regulated area 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 regulated area must comply with all directions given to them by the
Captain of the Port Detroit, or his on-scene representative.
Dated: July 30, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-19484 Filed 8-8-12; 8:45 am]
BILLING CODE 9110-04-P
