Safety Zone; Cooper T. Smith Fireworks Event; Mobile River; Mobile, AL, 64411-64414 [2012-25981]
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
The addition of Taiwan to the Visa
Waiver Program will result in an
estimated annual increase to
information collection 1651–0111 of
240,000 responses and 60,000 burden
hours. The total burden hours for ESTA,
including Taiwan, is as follows:
Estimated annual reporting burden:
4,785,000 hours.
Estimated number of respondents:
19,140,000 respondents.
Estimated average annual burden per
respondent: 15 minutes.
bearing a personal identification
(household registration) number.
Janet Napolitano,
Secretary.
[FR Doc. 2012–25986 Filed 10–19–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
List of Subjects in 8 CFR Part 217
33 CFR Part 117
Air carriers, Aliens, Maritime carriers,
Passports and visas.
[Docket No. USCG–2012–0932]
Amendments to the Regulations
For the reasons stated in the
preamble, DHS amends part 217 of title
8 of the Code of Federal Regulations (8
CFR part 217), as set forth below.
PART 217—VISA WAIVER PROGRAM
1. The general authority citation for
part 217 continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1187; 8 CFR part
2.
2. In § 217.2 the definition of the term
‘‘Designated country’’ in paragraph (a) is
revised to read as follows:
■
wreier-aviles on DSK5TPTVN1PROD with
§ 217.2
Eligibility.
(a) * * *
Designated country refers to Andorra,
Australia, Austria, Belgium, Brunei,
Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan,
Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Monaco, the
Netherlands, New Zealand, Norway,
Portugal, Republic of Korea, San
Marino, Singapore, Slovak Republic,
Slovenia, Spain, Sweden, Switzerland,
Taiwan, and the United Kingdom. The
United Kingdom refers only to British
citizens who have the unrestricted right
of permanent abode in the United
Kingdom (England, Scotland, Wales,
Northern Ireland, the Channel Islands
and the Isle of Man); it does not refer to
British overseas citizens, British
dependent territories’ citizens, or
citizens of British Commonwealth
countries. After May 15, 2003, citizens
of Belgium must present a machinereadable passport in order to be granted
admission under the Visa Waiver
Program. Taiwan (designated consistent
with the Taiwan Relations Act of 1979,
Pub. L. 96–8 and the United States’ oneChina policy) refers only to individuals
who have unrestricted right of
permanent abode on Taiwan and are in
possession of an electronic passport
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Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway (AIWW),
Wrightsville Beach, NC
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the S.R. 74 Bridge
across the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, NC. The deviation is necessary to
facilitate the structural repair of the
bridge. This deviation allows the bridge
to be closed to navigation for 12 hours
each day beginning in the evening.
DATES: This deviation is effective from
7 p.m. on October 22, 2012, until 7 a.m.
on March 15, 2013.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket USCG–2012–0932 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2012–0932 in the ‘‘Search’’ box, and
then clicking ‘‘Search’’. This material is
also available for inspection or copying
the Docket Management Facility (M–30),
U.S. 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
deviation from regulations, call or email
Mr. Bill H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District,
telephone (757) 398–6422, email
Bill.H.Brazier@uscg.mil. If you have
questions on reviewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: The North
Carolina Department of Transportation,
who owns and operates this bascule lift
bridge, has requested a temporary
deviation from the current operating
regulations set out in 33 CFR 117.821
SUMMARY:
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64411
(a)(4), to facilitate the structural repair
of the bridge.
In the closed position to vessels, the
S.R. 74 Bridge, at Atlantic Intracoastal
Waterway (AIWW) mile 283.1, at
Wrightsville Beach, NC has a vertical
clearance of 20 feet, above mean high
water.
Under this temporary deviation, from
October 22, 2012, through March 15,
2013, the S.R. 74 Bridge will be closed
to navigation each day, from 7 p.m. to
7 a.m., except vessel openings will be
provided with a 2-hour advance notice
to the bridge tender.
Vessel traffic along this part of the
AIWW consists of commercial and
pleasure craft including sail boats,
fishing boats, and tug and barge traffic,
that transit mainly during the daylight
hours with the occasional tug and barge
traffic at night. There are no alternate
routes for vessels transiting this section
of the AIWW. Vessels that can pass
under the bridge without a drawbridge
opening may do so at all times and the
bridge will be able to open in an
emergency.
The Coast Guard has carefully
coordinated the restrictions with
commercial and recreational waterway
users. The Coast Guard will inform all
users of the waterway through our Local
and Broadcast Notice to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the draw must return to its original
operating schedule immediately at the
end of the effective period of this
deviation. This deviation from the
operating regulations is authorized
under 33 CFR 117.35.
Dated: October 10, 2012.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2012–25977 Filed 10–19–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0869]
RIN 1625–AA00
Safety Zone; Cooper T. Smith
Fireworks Event; Mobile River; Mobile,
AL
AGENCY:
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Coast Guard, DHS.
22OCR1
64412
ACTION:
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
a portion of the Mobile River, Mobile,
AL in the vicinity of Cooper Riverside
Park. This action is necessary for the
protection of persons and vessels on
navigable waters during the Cooper T.
Smith Fireworks Event. Entry into,
transiting or anchoring in this zone is
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 9 p.m.
to 10 p.m. on October 22, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0869. 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
COTP Captain of the Port
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 there
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is insufficient time to publish a NPRM.
The Coast Guard received an
application for a Marine Event Permit
on August 24, 2012 from Pyro Tecnico
to conduct a fireworks display on
October 22, 2012. Publishing a NPRM is
impracticable because it would
unnecessarily delay the required safety
zone’s effective date. The safety zone is
needed to protect persons and vessels
from safety hazards associated with a
fireworks display. Additionally,
delaying the safety zone for the NPRM
process would unnecessarily interfere
with the event and its possible
commercial and contractual obligations.
For the same reasons, 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.
Delaying the effective date to provide a
full 30 day notice is impracticable
because immediate action is needed to
protect persons and vessels from safety
hazards associated with a fireworks
display.
B. Basis and Purpose
Cooper T. Smith Corp. has hired Pyro
Tecnico to conduct a fireworks display
on the Mobile River, Mobile, AL in the
vicinity of Cooper Riverside Park. The
fireworks fall out zone for this event is
600 feet and covers the entire width of
the Mobile River posing significant
safety hazards to both vessels and
mariners operating on the Mobile River.
The Captain of the Port (COTP) Mobile
is establishing a temporary safety zone
for a portion of the Mobile River,
Mobile, AL, to protect persons and
vessels during the fireworks display.
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 authorizes
the Coast Guard to propose, establish,
and define regulatory safety zones.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this safety zone is deemed
necessary for the protection of life and
property within the COTP Mobile zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone for a portion of
the Mobile River, to include all waters
within a 600 foot radius around position
30°41′21.7″ N, 088°02′04.7″ W. This
temporary rule will protect the safety of
life and property in this area. Entry into,
transiting or anchoring in this zone is
prohibited to all vessels, mariners, and
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persons unless specifically authorized
by the COTP Mobile or a designated
representative. The COTP may be
contacted by telephone at 251–441–
5976.
The COTP Mobile or a designated
representative will inform the public
through broadcast notice to mariners of
changes in the effective period for the
safety zone. This rule is effective from
9:00 p.m. to 10:00 p.m. on October 22,
2012.
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.
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 that
Order.
The safety zone listed in this rule will
restrict vessel traffic from entering,
transiting or anchoring in a small
portion of the Mobile River, Mobile, AL.
The effect of this regulation will not be
significant for several reasons: (1) This
rule will only affect vessel traffic for a
short duration; (2) vessels may request
permission from the COTP to transit
through the safety zone; and (3) the
impacts on routine navigation are
expected to be minimal. Notifications to
the marine community will be made
through broadcast notice to mariners.
These notifications will allow the public
to plan operations around the affected
area.
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 may be small entities: The
owners or operators of vessels intending
to transit or anchor in the affected
portions of the Mobile River during a
fireworks display. This safety zone will
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
not have a significant economic impact
on a substantial number of small entities
for the following reasons. The zone is
limited in size, is of short duration and
vessel traffic may request permission
from the COTP Mobile or a designated
representative to enter or transit through
the zone.
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.
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).
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.
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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
14:16 Oct 19, 2012
Jkt 229001
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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.
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.
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.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone on a waterway during a fireworks
display 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 will
be made 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:
Indian Tribal Governments
Federalism
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jeopardizing the safety or security of
people, places, or vessels.
64413
■
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.
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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2. Add § 165.T08–0869 to read as
follows:
■
§ 165.T08–0869 Cooper T. Smith Fireworks
Event; Mobile River; Mobile, AL.
(a) Location. The following area is a
safety zone: A portion of the Mobile
River, to include all waters within a 600
foot radius around position 30°41′21.7″
N, 088°02′04.7″ W.
(b) Enforcement date. This rule will
be enforced from 9 p.m. to 10 p.m. on
October 22, 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.
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
(2) Persons or vessels desiring to enter
into or passage through the zone must
request permission from the Captain of
the Port Mobile or a designated
representative. They may be contacted
on VHF-FM channels 16 or by telephone
at 251–441–5976.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the Captain of the
Port or designated representative.
(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: September 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard Captain of the
Port Mobile.
[FR Doc. 2012–25981 Filed 10–19–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2012–0457, FRL–9742–6]
Approval and Promulgation of Air
Quality Implementation Plans; United
States Virgin Islands; Regional Haze
Federal Implementation Plan
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is promulgating a
Federal Implementation Plan (FIP) to
address regional haze in the Territory of
the United States Virgin Islands. EPA
determined that the FIP meets the
requirements of the Clean Air Act and
EPA’s rules concerning reasonable
progress towards the national goal of
preventing any future and remedying
any existing man-made impairment of
visibility in mandatory Class I areas
(also referred to as the ‘‘regional haze
program’’). The FIP protects and
improves visibility levels in the Virgin
Islands Class I area, namely the Virgin
Islands National Park on the island of
St. John. The FIP for the Virgin Islands
addresses reasonable progress toward
improving visibility and evaluation of
Best Available Retrofit Technology.
DATES: This rule is effective on
November 21, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2012–0457. All
documents in the docket are listed on
the www.regulations.gov Web site.
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SUMMARY:
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14:16 Oct 19, 2012
Jkt 229001
Although listed in the index, some
information is not publicly available,
e.g., 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 Environmental Protection Agency,
Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Docket telephone
number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT:
Robert F. Kelly, Air Planning Section,
Air Programs Branch, EPA Region 2, 290
Broadway, New York, New York 10007–
1866. The telephone number is 212–
637–4249. Mr. Kelly can also be reached
via electronic mail at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘Agency,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we mean the EPA. In most cases in this
document, where we use the term
‘‘state’’ when discussing requirements
or recommendations under the Clean
Air Act or Agency guidance, this
includes the Territory of the Virgin
Islands.
I. What action is EPA taking?
II. What comments did EPA receive on its
proposal and what were EPA’s
responses?
III. What are EPA’s conclusions?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is promulgating a Federal
Implementation Plan (FIP) to address
regional haze in the U.S. Virgin Islands
under the Clean Air Act (CAA or the
Act) sections 301(a) and 110(c)(1). The
FIP ensures that the Virgin Islands will
make reasonable progress toward the
national goal of no man-made
contribution to visibility impairment.
The FIP also includes Best Available
Retrofit Technology (BART)
determinations for sources in the Virgin
Islands that may be subject to BART.
For additional details on EPA’s
analysis and the basis for the Virgin
Islands regional haze FIP, the reader is
referred to the June 25, 2012 proposal
(77 FR 37842). EPA’s regional haze FIP
for the Virgin Islands, all accompanying
documents, and the full text of the
public comments are included in the
Docket (EPA–R02–OAR–2012–0457)
and available at www.regulations.gov.
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EPA’s Authority To Promulgate a FIP
The Act requires each state to develop
plans to meet various air quality
requirements, including protection of
visibility. (CAA sections 110(a), 169A,
and 169B). The plans developed by a
state or territory are referred to as State
Implementation Plans or SIPs. A state
must submit its SIPs and SIP revisions
to EPA for approval. Once approved, a
SIP is federally enforceable, that is it is
enforceable by EPA and citizens under
the Act. If a state fails to make a
required SIP submittal or if we find that
a state’s required submittal is
incomplete or unapprovable, then EPA
must promulgate a FIP to fill this
regulatory gap. (CAA section 110(c)(1)).
EPA made a finding of failure to
submit on January 15, 2009 (74 FR
2392), determining that the U.S. Virgin
Islands failed to submit a SIP that
addressed any of the regional haze SIP
requirements of 40 CFR 51.308. Under
section 110(c) of the Act, whenever EPA
finds that a state has failed to make a
required submission, the Agency is
required to promulgate a FIP.
Specifically, section 110(c) provides:
• The Administrator shall promulgate
a Federal implementation plan at any
time within 2 years after the
Administrator—
Æ Finds that a state has failed to
make a required submission or finds
that the plan or plan revision submitted
by the state does not satisfy the
minimum criteria established under
[section 110(k)(1)(A)], or
Æ disapproves a state
implementation plan submission in
whole or in part, unless the state
corrects the deficiency, and the
Administrator approves the plan or plan
revision, before the Administrator
promulgates such Federal
implementation plan.
Section 302(y) defines the term
‘‘Federal implementation plan’’ in
pertinent part, as:
[A] plan (or portion thereof) promulgated
by the Administrator to fill all or a portion
of a gap or otherwise correct all or a portion
of an inadequacy in a State implementation
plan, and which includes enforceable
emission limitations or other control
measures, means or techniques (including
economic incentives, such as marketable
permits or auctions or emissions allowances)
* * *
Thus, because EPA determined that
the Virgin Islands failed to submit a
regional haze SIP, the Agency is
promulgating a regional haze FIP at 40
CFR 52.2781(d). The Virgin Islands
Department of Planning and Natural
Resources has indicated that the
Government of the Virgin Islands agrees
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64411-64414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25981]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0869]
RIN 1625-AA00
Safety Zone; Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL
AGENCY: Coast Guard, DHS.
[[Page 64412]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. This action is necessary for the protection of persons
and vessels on navigable waters during the Cooper T. Smith Fireworks
Event. Entry into, transiting or anchoring in this zone is 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 9 p.m. to 10 p.m. on October 22,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0869. 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
COTP Captain of the Port
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 there is insufficient time to publish
a NPRM. The Coast Guard received an application for a Marine Event
Permit on August 24, 2012 from Pyro Tecnico to conduct a fireworks
display on October 22, 2012. Publishing a NPRM is impracticable because
it would unnecessarily delay the required safety zone's effective date.
The safety zone is needed to protect persons and vessels from safety
hazards associated with a fireworks display. Additionally, delaying the
safety zone for the NPRM process would unnecessarily interfere with the
event and its possible commercial and contractual obligations.
For the same reasons, 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. Delaying the
effective date to provide a full 30 day notice is impracticable because
immediate action is needed to protect persons and vessels from safety
hazards associated with a fireworks display.
B. Basis and Purpose
Cooper T. Smith Corp. has hired Pyro Tecnico to conduct a fireworks
display on the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. The fireworks fall out zone for this event is 600 feet
and covers the entire width of the Mobile River posing significant
safety hazards to both vessels and mariners operating on the Mobile
River. The Captain of the Port (COTP) Mobile is establishing a
temporary safety zone for a portion of the Mobile River, Mobile, AL, to
protect persons and vessels during the fireworks display. 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 authorizes the Coast Guard to propose, establish, and
define regulatory safety zones.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, to include all waters within a 600 foot
radius around position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W. This
temporary rule will protect the safety of life and property in this
area. Entry into, transiting or anchoring in this zone is 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.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the safety zone. This rule is effective from 9:00 p.m. to
10:00 p.m. on October 22, 2012.
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.
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 that Order.
The safety zone listed in this rule will restrict vessel traffic
from entering, transiting or anchoring in a small portion of the Mobile
River, Mobile, AL. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to transit through the safety zone; and (3) the impacts on
routine navigation are expected to be minimal. Notifications to the
marine community will be made through broadcast notice to mariners.
These notifications will allow the public to plan operations around the
affected area.
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 may be
small entities: The owners or operators of vessels intending to transit
or anchor in the affected portions of the Mobile River during a
fireworks display. This safety zone will
[[Page 64413]]
not have a significant economic impact on a substantial number of small
entities for the following reasons. The zone is limited in size, is of
short duration and vessel traffic may request permission from the COTP
Mobile or a designated representative to enter or transit through the
zone.
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.
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).
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.
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.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
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.
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.
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.
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.
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.
Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during a
fireworks display 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 will be made 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T08-0869 to read as follows:
Sec. 165.T08-0869 Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL.
(a) Location. The following area is a safety zone: A portion of the
Mobile River, to include all waters within a 600 foot radius around
position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W.
(b) Enforcement date. This rule will be enforced from 9 p.m. to 10
p.m. on October 22, 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.
[[Page 64414]]
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at 251-441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
(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: September 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard Captain of the Port Mobile.
[FR Doc. 2012-25981 Filed 10-19-12; 8:45 am]
BILLING CODE 9110-04-PENVIRONMENTAL PROTECTION AGENCY
