Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa Beach, FL, 56772-56775 [2012-22634]
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56772
Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations
The rule will be effective on
November 23, 2012 unless comments
are received that would result in a
contrary determination. Comments will
be accepted on or before November 13,
2012.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive;
East Tower, Suite 02G09, Alexandria,
VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DATES:
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive orders.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
It has been determined that Privacy
Act rules for the Department of Defense
do not have significant economic impact
on a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
Ms.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
Direct Final Rule and Significant
Adverse Comments
DoD has determined this rulemaking
meets the criteria for a direct final rule
because it involves nonsubstantive
changes dealing with DoD’s
management of its Privacy Programs.
DoD expects no opposition to the
changes and no significant adverse
comments. However, if DoD receives a
significant adverse comment, the
Department will withdraw this direct
final rule by publishing a notice in the
Federal Register. A significant adverse
comment is one that explains: (1) Why
the direct final rule is inappropriate,
including challenges to the rule’s
underlying premise or approach; or (2)
why the direct final rule will be
ineffective or unacceptable without a
change. In determining whether a
comment necessitates withdrawal of
this direct final rule, DoD will consider
whether it warrants a substantive
response in a notice and comment
process.
It has been determined that Privacy
Act rules for the Department of Defense
impose no additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995.
FOR FURTHER INFORMATION CONTACT:
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Robin Patterson at 202–685–6546.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
not (1) Have an annual effect on the
economy of $100 million or more or
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Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that Privacy
Act rules for the Department of Defense
do not involve a Federal mandate that
may result in the expenditure by State,
local and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more and that such
rulemaking will not significantly or
uniquely affect small governments.
Executive Order 13132, ‘‘Federalism’’
It has been determined that Privacy
Act rules for the Department of Defense
do not have federalism implications.
The rules do not 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.
PART 701—AVAILABILITY OF
DEPARTMENT OF THE NAVY
RECORDS AND PUBLICATION OF
DEPARTMENT OF THE NAVY
DOCUMENTS AFFECTING THE
PUBLIC
1. The authority citation for 32 CFR
part 701 continues to read as follows:
■
Authority: Pub. L. 93–579, 88 Stat. 1896 (5
U.S.C. 552a).
Subpart G—Privacy Act Exemptions
2. In § 701.128, add paragraph (x) to
read as follows:
■
§ 701.128 Exemptions for specific Navy
record systems.
*
*
*
*
*
(x) System identifier and name:
N05800–2, Professional Responsibility
Files.
(1) Exemptions: Investigatory material
compiled for law enforcement purposes,
may be exempt pursuant to 5 U.S.C.
552(k)(2). However, if an individual is
denied any right, privilege, or benefit for
which he would otherwise be entitled
by Federal law or which he would
otherwise be eligible, as a result of
maintenance of the information, the
individual will be provided access to
the information except to the extent that
disclosure would reveal the identity of
a confidential source. Any portion of
this record system which falls within
the provisions of 5 U.S.C. 552a(k)(2)
may be exempt from the following
subsections of 5 U.S.C. 552a: (c)(3),
(d)(1) through (5), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I).
(2) Authority: 5 U.S.C. 552a(k)(2).
(3) The reason for asserting this
exemption (k)(2) is to ensure the
integrity of the litigation process.
Dated: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2012–22673 Filed 9–13–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0518]
RIN 1625–AA00
List of Subjects in 32 CFR Part 701
Privacy.
Accordingly, 32 CFR part 701 is
amended as follows:
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Safety Zone; Water Main Crossing;
Choctawhatchee Bay; Santa Rosa
Beach, FL
AGENCY:
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Coast Guard, DHS.
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Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
a portion of the Gulf Intracoastal
Waterway in Choctawhatchee Bay,
Santa Rosa Beach, FL. This action is
necessary for the protection of persons
and vessels, on navigable waters, during
the construction of a subaqueous water
main. Entry into or transiting in this
zone will be prohibited to all vessels,
mariners, and persons unless
specifically authorized by the Captain of
the Port Mobile or a designated
representative.
DATES: This rule is effective from
September 14, 2012 to October 14, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0518. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH’’. Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Lenell J. Carson,
Sector Mobile, Waterways Division, U.S.
Coast Guard; telephone 251–441–5940,
email Lenell.J.Carson@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:
SUMMARY:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number
A. Regulatory History and Information
The Coast Guard published a NPRM
in the Federal Register on July 10, 2012
(77 FR 40541), providing proper notice
and opportunity to comment on this
rule. No comments were received nor
were there any requests for a public
meeting.
The Coast Guard is making this rule
effective less than 30 days after
publication in the Federal Register
pursuant to authority the
Administrative Procedure Act (APA) (5
U.S.C. 533(d)). This provision
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authorizes an agency to make a rule
effective less than 30 days after
publication in the Federal Register
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(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
This action is necessary for the
protection of persons and vessels, on
navigable waters, during the
construction of a subaqueous water
main that begun in June 2012. It would
be contrary to public interest to delay
the effective date of the rule.
B. Basis and Purpose
A 36″ subaqueous water main is being
constructed across the Choctawhatchee
Bay to improve water system delivery.
The water main will cross the GICW, a
federally maintained navigable channel.
Construction of the water main and the
required use of turbidity silt curtains
pose significant safety hazards to both
vessels and mariners operating in or
near the GICW. The COTP Mobile is
establishing a temporary safety zone for
a portion of GICW in Choctawhatchee
Bay, Santa Rosa Beach, FL. This
temporary safety zone is deemed
necessary to protect persons and vessels
during construction of the water main
across the GICW. The legal basis and
authorities for this rule are found in 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;
Public Law 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory safety zones.
The COTP anticipates some impact on
vessel traffic due to this regulation.
However, the temporary safety zone is
deemed necessary for the protection of
life and property within the COTP
Mobile zone.
C. Discussion of Comments, Changes
and the Temporary Final Rule
There were no comments received by
the Coast Guard during the NPRM
process; however the regulatory text for
this rule has been amended reflecting an
updated effective period and anticipated
closure times for the safety zone. The
original effective date of August 1, 2012
to September 30, 2012 has been
amended to read; September 14, 2012 to
October 14, 2012. This amendment is
necessary to reflect changes in the
project’s timeline. Also the regulatory
text ‘‘during daylight hours’’ is being
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removed and amended to reflect more
accurate closure times for the safety
zone.
The Coast Guard is establishing a
temporary safety zone for a portion of
the GICW in Choctawhatchee Bay from
the Highway 331 fixed bridge west to
the Red Nun Buoy ‘‘26’’ (LLNR 31510),
to include the entire width of the
channel. This rule will protect the safety
of life and property in this area. Entry
into or transiting in this zone will be
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the COTP Mobile or a designated
representative. The COTP may be
contacted by telephone at (251) 441–
5976.
This rule will be effective and
enforceable with actual notice from
September 14, 2012 to October 14, 2012.
The COTP Mobile anticipates that this
rule will be enforced for approximately
three (3) days, to include a complete
Twenty-Four (24) hour closure of the
GICW. The COTP Mobile or a
designated representative will inform
the public through Broadcast Notices to
Mariners of the specific enforcement
periods throughout the water main
construction project as well as any
changes in the safety zone.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number 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.
The temporary safety zone listed in
this rule will only restrict vessel traffic
from entering or transiting a small
portion of the GICW. The effect of this
regulation will not be significant for
several reasons: (1) The COTP Mobile
will issue maritime advisories widely
available to users of the waterway; (2)
this rule will only affect vessel traffic
that are subject to transiting the GICW
due to draft restrictions; and (3) the
impacts on routine navigation are
expected to be minimal. Notifications to
the marine community will be made
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Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations
through Local Notices to Mariners and
Broadcast Notices to Mariners. These
notifications will allow the public to
plan operations around the affected
area.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612), as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the affected
portion of the GICW during construction
of the water main. This safety zone
would not have a significant economic
impact on a substantial number of small
entities for the following reasons. This
safety zone is limited in size, is of short
duration and shallow draft vessel traffic
may pass safely around the temporary
safety zone.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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
have determined that it 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
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would 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 From
Environmental Health Risks
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
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with Indian Tribal Governments,
because it would 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 rule 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 made a preliminary determination
that 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 temporary safety zone for a
portion of the GICW in Choctawhatchee
Bay, Santa Rosa Beach, FL, for the safety
of the public and is not expected to
result in any significant adverse
environmental impact as described in
NEPA. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects 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:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
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Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0518 to read as
follows:
■
§ 165.T08–0518 Safety Zone; Water Main
Crossing; Choctawhatchee Bay; Santa
Rosa Beach, FL.
(a) Location. The following area is a
temporary safety zone: A portion of the
Gulf Intracoastal Waterway in
Choctawhatchee Bay from the Highway
331 fixed bridge west to the Red Nun
Buoy ‘‘26’’ (LLNR 31510), to include the
entire width of the channel.
(b) Effective dates. This rule is
effective from September 14, 2012 to
October 14, 2012.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Mobile or a
designated representative.
(2) Persons or vessels not restricted to
navigation in the Gulf Intracoastal
Waterway by draft and that can safely
do so, may pass around the zone while
maintaining a safe distance and
transiting at slowest safe navigational
speed.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Dated: August 22, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–22634 Filed 9–13–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0492; FRL–9726–6]
Approval and Promulgation of
Implementation Plans; California;
Determinations of Attainment for the
1997 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
EPA is making several
determinations relating to 1997 8-hour
ozone nonattainment areas in California.
First, EPA is determining that six 8-hour
ozone nonattainment areas in California
(Amador and Calaveras Counties, Chico,
Kern County, Mariposa and Tuolumne
SUMMARY:
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Counties, Nevada County, and Sutter
County) (‘‘six CA areas’’) attained the
1997 8-hour ozone national ambient air
quality standard (NAAQS) by their
applicable attainment dates. Second, in
making these determinations for
Mariposa and Tuolumne Counties and
Nevada County, EPA is also granting
them one-year attainment date
extensions. Lastly, EPA is determining
that the six CA areas and the Ventura
County 8-hour ozone nonattainment
area in CA have attained and continue
to attain the 1997 8-hour ozone NAAQS
based on the most recent three years of
data. Under the provisions of EPA’s
ozone implementation rule, these
determinations suspend the
requirements for these areas to submit
revisions to the state implementation
plan related to attainment of the 1997 8hour ozone standard for as long as these
areas continue to meet the 1997 8-hour
ozone NAAQS.
DATES: These actions are effective on
November 13, 2012 without further
notice, unless EPA receives adverse
comment by October 15, 2012. We are
publishing these rules without prior
proposal because the Agency views
them as noncontroversial actions and
anticipates no adverse comments. In the
proposed rules section of this Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal should adverse comments
be filed. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2011–0492 by one of the following
methods:
1. Federal eRulemaking Portal, at
www.regulations.gov, please follow the
on-line instructions;
2. Email to ungvarsky.john@epa.gov;
or
3. Mail or delivery to John Ungvarsky,
Air Planning Office, AIR–2, U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, California 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information you
consider to be CBI or otherwise
protected should be clearly identified as
such and should not be submitted
through www.regulations.gov or email.
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56775
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, Air Planning Office, AIR–2,
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901,
telephone number (415) 972–3963, or
email ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. We are providing the following
outline to aid in locating information in
this rule.
Table of Contents
I. What determinations is EPA making?
II. What is the background for these actions?
A. Ozone NAAQS
B. EPA Designations and Classifications of
Ozone Nonattainment Areas
C. One-Year Attainment Date Extensions
D. Determinations of Attainment by Areas’
Attainment Deadline and Determinations
of Continued Attainment
E. Ambient Air Quality Monitoring Data
III. What are the effects of these actions?
A. Attainment Date Extensions
B. Determinations of Attainment by Areas’
Applicable Attainment Dates
C. Determinations of Current Attainment
and 40 CFR 51.918
IV. What is EPA’s analysis of the relevant air
quality data?
A. Monitoring Network and Data
Considerations
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]]>Agencies
[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56772-56775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22634]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0518]
RIN 1625-AA00
Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa
Beach, FL
AGENCY: Coast Guard, DHS.
[[Page 56773]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay, Santa
Rosa Beach, FL. This action is necessary for the protection of persons
and vessels, on navigable waters, during the construction of a
subaqueous water main. Entry into or transiting in this zone will be
prohibited to all vessels, mariners, and persons unless specifically
authorized by the Captain of the Port Mobile or a designated
representative.
DATES: This rule is effective from September 14, 2012 to October 14,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0518. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH''. Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Lenell J. Carson, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email
Lenell.J.Carson@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
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number
A. Regulatory History and Information
The Coast Guard published a NPRM in the Federal Register on July
10, 2012 (77 FR 40541), providing proper notice and opportunity to
comment on this rule. No comments were received nor were there any
requests for a public meeting.
The Coast Guard is making this rule effective less than 30 days
after publication in the Federal Register pursuant to authority the
Administrative Procedure Act (APA) (5 U.S.C. 533(d)). This provision
authorizes an agency to make a rule effective less than 30 days after
publication in the Federal Register 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(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. This action is
necessary for the protection of persons and vessels, on navigable
waters, during the construction of a subaqueous water main that begun
in June 2012. It would be contrary to public interest to delay the
effective date of the rule.
B. Basis and Purpose
A 36'' subaqueous water main is being constructed across the
Choctawhatchee Bay to improve water system delivery. The water main
will cross the GICW, a federally maintained navigable channel.
Construction of the water main and the required use of turbidity silt
curtains pose significant safety hazards to both vessels and mariners
operating in or near the GICW. The COTP Mobile is establishing a
temporary safety zone for a portion of GICW in Choctawhatchee Bay,
Santa Rosa Beach, FL. This temporary safety zone is deemed necessary to
protect persons and vessels during construction of the water main
across the GICW. The legal basis and authorities for this rule are
found in 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; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory safety zones.
The COTP anticipates some impact on vessel traffic due to this
regulation. However, the temporary safety zone is deemed necessary for
the protection of life and property within the COTP Mobile zone.
C. Discussion of Comments, Changes and the Temporary Final Rule
There were no comments received by the Coast Guard during the NPRM
process; however the regulatory text for this rule has been amended
reflecting an updated effective period and anticipated closure times
for the safety zone. The original effective date of August 1, 2012 to
September 30, 2012 has been amended to read; September 14, 2012 to
October 14, 2012. This amendment is necessary to reflect changes in the
project's timeline. Also the regulatory text ``during daylight hours''
is being removed and amended to reflect more accurate closure times for
the safety zone.
The Coast Guard is establishing a temporary safety zone for a
portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed
bridge west to the Red Nun Buoy ``26'' (LLNR 31510), to include the
entire width of the channel. This rule will protect the safety of life
and property in this area. Entry into or transiting in this zone will
be prohibited to all vessels, mariners, and persons unless specifically
authorized by the COTP Mobile or a designated representative. The COTP
may be contacted by telephone at (251) 441-5976.
This rule will be effective and enforceable with actual notice from
September 14, 2012 to October 14, 2012. The COTP Mobile anticipates
that this rule will be enforced for approximately three (3) days, to
include a complete Twenty-Four (24) hour closure of the GICW. The COTP
Mobile or a designated representative will inform the public through
Broadcast Notices to Mariners of the specific enforcement periods
throughout the water main construction project as well as any changes
in the safety zone.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number 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.
The temporary safety zone listed in this rule will only restrict
vessel traffic from entering or transiting a small portion of the GICW.
The effect of this regulation will not be significant for several
reasons: (1) The COTP Mobile will issue maritime advisories widely
available to users of the waterway; (2) this rule will only affect
vessel traffic that are subject to transiting the GICW due to draft
restrictions; and (3) the impacts on routine navigation are expected to
be minimal. Notifications to the marine community will be made
[[Page 56774]]
through Local Notices to Mariners and Broadcast Notices to Mariners.
These notifications will allow the public to plan operations around the
affected area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612), as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the affected portion of the GICW during
construction of the water main. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone is limited in size, is of
short duration and shallow draft vessel traffic may pass safely around
the temporary safety zone.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would 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 From Environmental Health Risks
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 would 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 rule 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 made a
preliminary determination that 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 temporary safety
zone for a portion of the GICW in Choctawhatchee Bay, Santa Rosa Beach,
FL, for the safety of the public and is not expected to result in any
significant adverse environmental impact as described in NEPA. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
List of Subjects 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, 160.5; Pub. L.
[[Page 56775]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T08-0518 to read as follows:
Sec. 165.T08-0518 Safety Zone; Water Main Crossing; Choctawhatchee
Bay; Santa Rosa Beach, FL.
(a) Location. The following area is a temporary safety zone: A
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from
the Highway 331 fixed bridge west to the Red Nun Buoy ``26'' (LLNR
31510), to include the entire width of the channel.
(b) Effective dates. This rule is effective from September 14, 2012
to October 14, 2012.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
(2) Persons or vessels not restricted to navigation in the Gulf
Intracoastal Waterway by draft and that can safely do so, may pass
around the zone while maintaining a safe distance and transiting at
slowest safe navigational speed.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: August 22, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-22634 Filed 9-13-12; 8:45 am]
BILLING CODE 9110-04-P
