Safety Zone; Seafood Festival Fireworks Display, Marquette, MI, 50593-50595 [2012-20698]
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
V. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects 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. Accordingly, the
Agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
VI. Paperwork Reduction Act of 1995
This final rule refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
§ 500.84 have been approved under
OMB control number 0910–0032.
List of Subjects in 21 CFR Part 500
to the human consumer. For the
purpose of § 500.84(c)(1), FDA will
assume that this So will correspond to
the concentration of test compound in
the total diet of test animals that
corresponds to a maximum lifetime risk
of cancer in the test animals of 1 in 1
million.
*
*
*
*
*
3. In § 500.84, revise paragraph (c)
introductory text to read as follows:
■
§ 500.84 Conditions for approval of the
sponsored compound.
*
*
*
*
*
(c) For each sponsored compound that
FDA decides should be regulated as a
carcinogen, FDA will either analyze the
data from the bioassays using a
statistical extrapolation procedure as
outlined in paragraph (c)(1) of this
section or evaluate an alternate
procedure proposed by the sponsor as
provided in § 500.90. In either case,
paragraphs (c)(2) and (3) of this section
apply.
*
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*
Dated: August 17, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012–20609 Filed 8–21–12; 8:45 am]
Animal drugs, animal feeds, Cancer,
Labeling, Packaging and containers,
Polychlorinated biphenyls (PCBs).
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 500 is
amended as follows:
PART 500—GENERAL
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0765]
■
1. The authority citation for 21 CFR
part 500 is revised to read as follows:
RIN 1625–AA00
Authority: 21 U.S.C. 321, 331, 342, 343,
348, 351, 352, 353, 360b, 371, 379e.
Safety Zone; Seafood Festival
Fireworks Display, Marquette, MI
2. In § 500.82(b), revise the definitions
of ‘‘Sm’’ and ‘‘So’’ to read as follows:
AGENCY:
§ 500.82
SUMMARY:
■
Definitions.
wreier-aviles on DSK7SPTVN1PROD with RULES
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(b) * * *
Sm means the concentration of a
residue of carcinogenic concern in a
specific edible tissue corresponding to
no significant increase in the risk of
cancer to the human consumer. For the
purpose of § 500.84(c)(1), FDA will
assume that this Sm will correspond to
the concentration of residue in a
specific edible tissue that corresponds
to a maximum lifetime risk of cancer in
the test animals of 1 in 1 million.
So means the concentration of a
residue of carcinogenic concern in the
total human diet that represents no
significant increase in the risk of cancer
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
near Marquette, Michigan. This safety
zone is intended to restrict vessels from
a portion of Lake Superior due to a
fireworks display. This temporary safety
zone is necessary to protect the
surrounding public and vessels from the
hazards associated with a fireworks
display.
This rule is effective from 9:30
p.m. until 11:00 p.m. on August 25,
2012.
DATES:
Documents mentioned in
this preamble are part of docket [USCG–
2012–0765]. To view documents in this
preamble as being available in the
ADDRESSES:
PO 00000
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50593
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.
If
you have questions on this temporary
rule, call or email MST2 Kevin Moe,
U.S. Coast Guard, Sector Sault Sainte
Marie, telephone 906–253–2429, email
at Kevin.D.Moe@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not received by the
Coast Guard with sufficient time for a
comment period to run before the start
of the event. Thus, delaying this rule to
wait for a notice and comment period to
run would be impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public from the hazards
associated with maritime fireworks
displays.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
B. Basis and Purpose
On the evening of August 25, 2012,
fireworks will be launched from a point
on Marquette Bay to celebrate the
Annual Marquette Seafood Festival. The
Captain of the Port, Sector Sault Sainte
Marie, has determined that the
Marquette Seafood Festival Fireworks
Display will pose significant risks to the
public. The likely congested waterways
in the vicinity of a fireworks display
could easily result in serious injuries or
fatalities.
C. Discussion of Rule
To mitigate the risks associated with
the Seafood Festival Fireworks Display,
the Captain of the Port, Sector Sault
Sainte Marie will enforce a temporary
safety zone in the vicinity of the launch
site. This safety zone will encompass all
waters of Lake Superior in Marquette
Harbor, within the arc of a circle with
a 1,000 ft radius from the fireworks
launch site located in position
46°32′21.7″ N, 087°23′07.60″ W
[DATUM: NAD 83]. The safety zone will
be effective and enforced from 9:30 p.m.
until 11:30 p.m. on August 25, 2012.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Sault Sainte Marie, or his or
her on-scene representative. The
Captain of the Port, Sector Sault Sainte
Marie, or his or her on-scene
representative may be contacted via
VHF channel 16.
wreier-aviles on DSK7SPTVN1PROD 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 that Order or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under these 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
VerDate Mar<15>2010
15:22 Aug 21, 2012
Jkt 226001
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone will exist for only a minimal time.
Under certain conditions, moreover,
vessels may still transit through the
safety zone when permitted by proper
authority.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Lake Superior between 9:30
p.m. and 11:00 p.m. on August 25, 2012.
This safety zone will not have
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be enforced for a short period of
time. Vessels may safely pass outside
the safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port, Sector Sault Sainte
Marie, to transit through the safety zone.
The Coast Guard will give notice to the
public via a Broadcast to Mariners that
the regulation is in effect.
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 the 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
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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 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
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
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.
wreier-aviles on DSK7SPTVN1PROD 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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because it
involves the establishment of a safety
zone. A final environmental analysis
checklist 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
1. The authority citation for part 165
continues to read as follows:
■
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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, and 160.5;
Pub. L 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0765 to read as
follows:
■
§ 165.T09–0765 Safety Zone; Seafood
Festival Fireworks Display, Marquette,
Michigan.
(a) Location. All U.S. navigable waters
of Marquette Harbor within a 1000-foot
radius of the fireworks launch site,
centered approximately 1250 feet south
of the Mattson Park Bulkhead Dock and
450 feet east of Ripley Rock, at position
46°32′21.7″ N, 087°23′07.60″ W
[DATUM: NAD 83].
(b) Effective and enforcement period.
This rule is effective and will be
enforced from 9:30 p.m. until 11:00 p.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,
Sector Sault Sainte Marie, or his or her
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 Sault Sainte Marie, or his or her
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Sault
Sainte Marie, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Sault Sainte Marie, to
act on his or her behalf. The on-scene
representative of the Captain of the Port,
Sector Sault Sainte Marie, will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
the safety zone or operate within the
safety zone shall contact the Captain of
the Port, Sector Sault Sainte Marie, or
his or her on-scene representative to
obtain permission to do so. The Captain
of the Port, Sector Sault Sainte Marie, or
his or her 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
Sault Sainte Marie, or his or her onscene representative.
Dated: August 13, 2012.
J.C. Mcguiness,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2012–20698 Filed 8–21–12; 8:45 am]
BILLING CODE 9110–04–P
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50595
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–RO1–OAR–2008–0117; EPA–RO1–
OAR–2008–0107; EPA–RO1–OAR–2008–
0445; FRL–9672–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut, Massachusetts, and
Rhode Island; Reasonable Further
Progress Plans and 2002 Base Year
Emission Inventories
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan revisions
submitted by the States of Connecticut,
Massachusetts, and Rhode Island. These
revisions establish 2002 base year
emission inventories and reasonable
further progress emission reduction
plans for areas within these states
designated as nonattainment of EPA’s
1997 8-hour ozone standard. The
intended effect of this action is to
approve these states’ 2002 Base Year
Inventories and reasonable further
progress (RFP) emission reduction
plans, and to approve the 2008 motor
vehicle transportation budgets and
contingency measures associated with
the RFP plans. EPA also is approving
three rules adopted by Connecticut that
will reduce volatile organic compound
emissions in the state. This action is
being taken in accordance with the
Clean Air Act.
DATES: Effective Date: This rule is
effective on September 21, 2012.
ADDRESSES: EPA has established dockets
for these actions under Docket
Identification Numbers EPA–RO1–
OAR–2008–0117 for our action for
Connecticut, EPA–RO1–OAR–2008–
0107 for our action for Massachusetts,
and EPA–RO1–OAR–2008–0445 for our
action for Rhode Island. All documents
in the dockets are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50593-50595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20698]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0765]
RIN 1625-AA00
Safety Zone; Seafood Festival Fireworks Display, Marquette, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone near
Marquette, Michigan. This safety zone is intended to restrict vessels
from a portion of Lake Superior due to a fireworks display. This
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with a fireworks display.
DATES: This rule is effective from 9:30 p.m. until 11:00 p.m. on August
25, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0765]. To view documents 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 MST2 Kevin Moe, U.S. Coast Guard, Sector
Sault Sainte Marie, telephone 906-253-2429, email at
Kevin.D.Moe@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
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 received by the Coast Guard with sufficient time for a comment
period to run before the start of the event. Thus, delaying this rule
to wait for a notice and comment period to run would be impracticable
and contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the public from the hazards associated with
maritime fireworks displays.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
[[Page 50594]]
B. Basis and Purpose
On the evening of August 25, 2012, fireworks will be launched from
a point on Marquette Bay to celebrate the Annual Marquette Seafood
Festival. The Captain of the Port, Sector Sault Sainte Marie, has
determined that the Marquette Seafood Festival Fireworks Display will
pose significant risks to the public. The likely congested waterways in
the vicinity of a fireworks display could easily result in serious
injuries or fatalities.
C. Discussion of Rule
To mitigate the risks associated with the Seafood Festival
Fireworks Display, the Captain of the Port, Sector Sault Sainte Marie
will enforce a temporary safety zone in the vicinity of the launch
site. This safety zone will encompass all waters of Lake Superior in
Marquette Harbor, within the arc of a circle with a 1,000 ft radius
from the fireworks launch site located in position 46[deg]32'21.7'' N,
087[deg]23'07.60'' W [DATUM: NAD 83]. The safety zone will be effective
and enforced from 9:30 p.m. until 11:30 p.m. on August 25, 2012.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Sault
Sainte Marie, or his or her on-scene representative. The Captain of the
Port, Sector Sault Sainte Marie, or his or her 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 that Order or under section
1 of Executive Order 13563. The Office of Management and Budget has not
reviewed it under these 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 will exist
for only a minimal time. Under certain conditions, moreover, vessels
may still transit through the safety zone when permitted by proper
authority.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Lake Superior between 9:30 p.m. and
11:00 p.m. on August 25, 2012.
This safety zone will not have significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced for a short period of time. Vessels may
safely pass outside the safety zone during the event. In the event that
this temporary safety zone affects shipping, commercial vessels may
request permission from the Captain of the Port, Sector Sault Sainte
Marie, to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast to Mariners that the regulation is
in effect.
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 the 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 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 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
[[Page 50595]]
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction because it involves the establishment of a safety zone.
A final environmental analysis checklist 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. Chapter 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.T09-0765 to read as follows:
Sec. 165.T09-0765 Safety Zone; Seafood Festival Fireworks Display,
Marquette, Michigan.
(a) Location. All U.S. navigable waters of Marquette Harbor within
a 1000-foot radius of the fireworks launch site, centered approximately
1250 feet south of the Mattson Park Bulkhead Dock and 450 feet east of
Ripley Rock, at position 46[deg]32'21.7'' N, 087[deg]23'07.60'' W
[DATUM: NAD 83].
(b) Effective and enforcement period. This rule is effective and
will be enforced from 9:30 p.m. until 11:00 p.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, Sector
Sault Sainte Marie, or his or her 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 Sault Sainte Marie, or
his or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or
petty officer who has been designated by the Captain of the Port,
Sector Sault Sainte Marie, to act on his or her behalf. The on-scene
representative of the Captain of the Port, Sector Sault Sainte Marie,
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter the safety zone or operate
within the safety zone shall contact the Captain of the Port, Sector
Sault Sainte Marie, or his or her on-scene representative to obtain
permission to do so. The Captain of the Port, Sector Sault Sainte
Marie, or his or her 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 Sault Sainte Marie, or his or her on-scene
representative.
Dated: August 13, 2012.
J.C. Mcguiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-20698 Filed 8-21-12; 8:45 am]
BILLING CODE 9110-04-P
