Safety Zone; Cooper T. Smith Fireworks Event; Mobile River; Mobile, AL, 64411-64414 [2012-25981]

Download as PDF 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 VerDate Mar<15>2010 16:58 Oct 19, 2012 Jkt 229001 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 http:// 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: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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: E:\FR\FM\22OCR1.SGM 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 http:// 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 wreier-aviles on DSK5TPTVN1PROD with 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 VerDate Mar<15>2010 14:16 Oct 19, 2012 Jkt 229001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\22OCR1.SGM 22OCR1 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. wreier-aviles on DSK5TPTVN1PROD with 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 VerDate Mar<15>2010 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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. E:\FR\FM\22OCR1.SGM 22OCR1 64414 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. wreier-aviles on DSK5TPTVN1PROD with SUMMARY: VerDate Mar<15>2010 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 http://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