Safety Zone; Steam Ship Col. James M. Schoonmaker Relocation Project, Maumee River, Toledo, OH, 64718-64720 [2012-26002]
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64718
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
breeding animals because safety and
effectiveness have not been evaluated in
these animals. Swine being fed with
narasin should not have access to feeds
containing pleuromutilins (e.g.,
tiamulin) as adverse reactions may
occur. If signs of toxicity occur,
discontinue use.
*
*
*
*
*
Dated: October 17, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
Table of Acronyms
[FR Doc. 2012–25989 Filed 10–22–12; 8:45 am]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0939]
RIN 1625–AA00
Safety Zone; Steam Ship Col. James M.
Schoonmaker Relocation Project,
Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary Safety Zone on
the waters of Maumee River, Toledo,
Ohio, in support of the relocation of
S/S Col. James M. Schoonmaker
(hereinafter referred to as ‘the
Schoonmaker’). This temporary safety
zone will encompass all waters of the
Maumee River within a 100 yard radius
of the Schoonmaker as it makes its
transit from International Park to
Skyway Marina. This temporary Safety
Zone is necessary to protect persons
operating around the area.
DATES: This regulation is effective from
10:00 a.m. on October 27, 2012 until
4:00 p.m. on November 3, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2012–0939 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0195 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at 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.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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If
you have questions on this rule, call or
email LT Mallorie Schell, Prevention
Department, MSU Toledo, Coast Guard;
telephone (419) 418–6030, email
Mallorie.G.Schell@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:
FOR FURTHER INFORMATION CONTACT:
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. Although the
Coast Guard has known about the
relocation of the Schoonmaker for
several weeks, only recently did the
Coast Guard become aware of an
expected high volume of spectator
vessel traffic. Consequently, the need for
this safety zone was not identified until
there was insufficient time to allow a
full comment period to run. Thus,
waiting for a comment period to run
prior to enforcing this safety zone would
inhibit the Coast Guard’s ability to
protect the public and vessels from the
hazards associated with the heightened
spectator activity associated with the
relocation of the Schoonmaker.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed above about not publishing an
NPRM, the Coast Guard finds that
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
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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.
The Great Lakes Historical Society
(GLHS) is relocating the Schoonmaker
from International Park to Skyway
Marina. This relocation is scheduled for
October 27, 2012. If the relocation of the
vessel on October 27 is cancelled for
any reason, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on October 28, 2012.
Likewise, if relocation on October 28th
is cancelled, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on November 3, 2012. In
light of the expected volume of
spectator activity, the Captain of the
Port Detroit has determined that this
operation could pose certain public
hazards, such as the increased risk of
collisions.
C. Discussion of Rule
With aforementioned hazards in
mind, the Captain of the Port Detroit has
determined that a safety zone is
necessary to ensure the safety of
participants and vessels during the
operation. The temporary safety zone
established herein will be effective and
enforced from 10:00 a.m. until 4:00 p.m.
on October 27, 2012. If the relocation of
the vessel on October 27 is cancelled for
any reason, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on October 28, 2012.
Likewise, if relocation on October 28 is
cancelled, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on November 3, 2012.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Detroit or his designated on
scene representative. The Captain of the
Port, Sector Detroit or his designated on
scene representative may be contacted
via VHF Channel 16. All persons and
vessels allowed to enter the safety zone
shall comply with the instructions of
the Coast Guard Captain of the Port,
designated on scene patrol personnel, or
operation personnel.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 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
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Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
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 these
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The
temporary safety zone created by this
rule will be relatively small and
enforced for a relatively short time.
Also, the temporary safety zone is
designed to minimize its impact on
navigable waters. Furthermore, the
temporary safety zone has been
designed to allow vessels to transit
around it. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the temporary
safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities. This rule will
affect the following entities, some of
which may be small entities: the owners
or operators of vessels intending to
transit through the Maumee River, OH
between 10:00 a.m. and 4:00 p.m. on
October 27 or 28 or November 3, 2012.
This temporary safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: this rule will
be in effect for only approximately six
hours. In the event that this temporary
safety zone affects shipping, commercial
vessels may request permission from the
Captain of the Port, Sector Detroit to
transit through the safety zone. The
Coast Guard will give notice to the
public via a Broadcast Notice to
Mariners that the regulation is in effect.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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understanding this rule. If this rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule 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
determined that this rule does not have
implications for federalism.
6. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
7. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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64719
8. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone and, therefore, it 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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64720
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
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:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
■
2. Add § 165.T09–0939 as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 165.T09–0939 Safety Zone; Steam Ship
Col. James M. Schoonmaker relocation
project, Maumee River, Toledo, OH.
(a) Location. The following area is a
temporary safety zone: all waters of the
Maumee River within a 100 yard radius
of the S/S Col. James M. Schoonmaker
as it makes its transit from International
Park at position 41°38′30.00″ N;
083°31′55.50″ W to Skyway Marina at
approximate position 41°39′26.30″ N;
083°30′55.25″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective from 10:00
a.m. on October 27, 2012 until 4:00 p.m.
on November 3, 2012. It will be
enforced from 10:00 a.m. until 4:00 p.m.
on October 27, 2012. If the relocation of
the vessel on October 27 is cancelled for
any reason, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on October 28, 2012.
Likewise, if a relocation on October 28
is cancelled, this safety zone will be
effective and enforced from 10:00 a.m.
until 4:00 p.m. on November 3, 2012.
(c) Definitions. The following
definitions apply to this section:
(1) ‘‘On-scene Representative’’ means
any Coast Guard Commissioned,
warrant, or petty officer designated by
the Captain of the Port Detroit to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) ‘‘Public vessel’’ means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
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Jkt 229001
Captain of the Port Detroit, or his
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated representative.
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port or his designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel shall proceed as
directed.
(3) All vessels must obtain permission
from the Captain of the Port or his
designated representative to enter, move
within, or exit the safety zone
established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter the
safety zone must obey all lawful orders
or directions of the Captain of the Port
or a designated representative. While
within a safety zone, all vessels must
operate at the minimum speed
necessary to maintain a safe course.
(e) Exemption. Public vessels, as
defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
Dated: October 11, 2012.
D.V. Smith,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2012–26002 Filed 10–22–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
area starting on December 12, 2012
through February 14, 2013.
DATES: This rule is effective from
December 12, 2012 through February 14,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0811. 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 rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email
Joseph.M.Edge@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
A. Regulatory History and Information
[Docket Number USCG–2012–0811]
The Coast Guard published a Notice
of Proposed Rulemaking (NPRM) for
this rule on September 13, 2012 (77 FR
56587). We received no comments in
response to the NPRM. No public
meeting was requested, and none was
held.
RIN 1625–AA00
B. Basis and Purpose
Safety Zone: Atlantic Intracoastal
Waterway; Oak Island, NC
North Carolina Department of
Transportation has awarded a contract
to Marine Contracting Corporation of
Virginia Beach, Virginia to perform
bridge maintenance on the NC 133
Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at
Oak Island, North Carolina. The contract
provides for replacing the fender system
to commence on September 12, 2012
with a completion date of December 12,
2012. The contractor has been granted
an extension by North Carolina
Department of Transportation until
February 14, 2013 to complete the
bridge maintenance. The contractor will
utilize a 140 foot deck barge with a 40
foot beam as a work platform and for
equipment staging. A safety zone is
Coast Guard
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is extending
the timeframe for a temporary safety
zone established on the waters of the
Atlantic Intracoastal Waterway at Oak
Island, North Carolina. The safety zone
is necessary to provide for the safety of
mariners on navigable waters during
maintenance on the NC 133 Fixed
Bridge crossing the Atlantic Intracoastal
Waterway, mile 311.8, at Oak Island,
North Carolina. The safety zone
extension will temporarily restrict
vessel movement within the designated
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64718-64720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26002]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0939]
RIN 1625-AA00
Safety Zone; Steam Ship Col. James M. Schoonmaker Relocation
Project, Maumee River, Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary Safety Zone on the
waters of Maumee River, Toledo, Ohio, in support of the relocation of
S/S Col. James M. Schoonmaker (hereinafter referred to as `the
Schoonmaker'). This temporary safety zone will encompass all waters of
the Maumee River within a 100 yard radius of the Schoonmaker as it
makes its transit from International Park to Skyway Marina. This
temporary Safety Zone is necessary to protect persons operating around
the area.
DATES: This regulation is effective from 10:00 a.m. on October 27, 2012
until 4:00 p.m. on November 3, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2012-0939 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0195 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at 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 rule,
call or email LT Mallorie Schell, Prevention Department, MSU Toledo,
Coast Guard; telephone (419) 418-6030, email
Mallorie.G.Schell@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
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. Although the Coast Guard has known
about the relocation of the Schoonmaker for several weeks, only
recently did the Coast Guard become aware of an expected high volume of
spectator vessel traffic. Consequently, the need for this safety zone
was not identified until there was insufficient time to allow a full
comment period to run. Thus, waiting for a comment period to run prior
to enforcing this safety zone would inhibit the Coast Guard's ability
to protect the public and vessels from the hazards associated with the
heightened spectator activity associated with the relocation of the
Schoonmaker.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed
above about not publishing an NPRM, the Coast Guard finds that waiting
for a 30 day notice period to run would be impracticable and contrary
to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 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.
The Great Lakes Historical Society (GLHS) is relocating the
Schoonmaker from International Park to Skyway Marina. This relocation
is scheduled for October 27, 2012. If the relocation of the vessel on
October 27 is cancelled for any reason, this safety zone will be
effective and enforced from 10:00 a.m. until 4:00 p.m. on October 28,
2012. Likewise, if relocation on October 28th is cancelled, this safety
zone will be effective and enforced from 10:00 a.m. until 4:00 p.m. on
November 3, 2012. In light of the expected volume of spectator
activity, the Captain of the Port Detroit has determined that this
operation could pose certain public hazards, such as the increased risk
of collisions.
C. Discussion of Rule
With aforementioned hazards in mind, the Captain of the Port
Detroit has determined that a safety zone is necessary to ensure the
safety of participants and vessels during the operation. The temporary
safety zone established herein will be effective and enforced from
10:00 a.m. until 4:00 p.m. on October 27, 2012. If the relocation of
the vessel on October 27 is cancelled for any reason, this safety zone
will be effective and enforced from 10:00 a.m. until 4:00 p.m. on
October 28, 2012. Likewise, if relocation on October 28 is cancelled,
this safety zone will be effective and enforced from 10:00 a.m. until
4:00 p.m. on November 3, 2012.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated on scene representative. The Captain of the Port,
Sector Detroit or his designated on scene representative may be
contacted via VHF Channel 16. All persons and vessels allowed to enter
the safety zone shall comply with the instructions of the Coast Guard
Captain of the Port, designated on scene patrol personnel, or operation
personnel.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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
[[Page 64719]]
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 these Orders. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The temporary safety zone
created by this rule will be relatively small and enforced for a
relatively short time. Also, the temporary safety zone is designed to
minimize its impact on navigable waters. Furthermore, the temporary
safety zone has been designed to allow vessels to transit around it.
Thus, restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the temporary safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
through the Maumee River, OH between 10:00 a.m. and 4:00 p.m. on
October 27 or 28 or November 3, 2012.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: this rule will be in effect for only approximately six hours.
In the event that this temporary safety zone affects shipping,
commercial vessels may request permission from the Captain of the Port,
Sector Detroit to transit through the safety zone. The Coast Guard will
give notice to the public via a Broadcast Notice to Mariners that the
regulation is in effect.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If this rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule 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 determined
that this rule does not have implications for federalism.
6. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
7. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
8. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone and, therefore, it 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
[[Page 64720]]
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. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0939 as follows:
Sec. 165.T09-0939 Safety Zone; Steam Ship Col. James M. Schoonmaker
relocation project, Maumee River, Toledo, OH.
(a) Location. The following area is a temporary safety zone: all
waters of the Maumee River within a 100 yard radius of the S/S Col.
James M. Schoonmaker as it makes its transit from International Park at
position 41[deg]38'30.00'' N; 083[deg]31'55.50'' W to Skyway Marina at
approximate position 41[deg]39'26.30'' N; 083[deg]30'55.25'' W. All
geographic coordinates are North American Datum of 1983 (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
from 10:00 a.m. on October 27, 2012 until 4:00 p.m. on November 3,
2012. It will be enforced from 10:00 a.m. until 4:00 p.m. on October
27, 2012. If the relocation of the vessel on October 27 is cancelled
for any reason, this safety zone will be effective and enforced from
10:00 a.m. until 4:00 p.m. on October 28, 2012. Likewise, if a
relocation on October 28 is cancelled, this safety zone will be
effective and enforced from 10:00 a.m. until 4:00 p.m. on November 3,
2012.
(c) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port Detroit
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
or his designated representative to enter, move within, or exit the
safety zone established in this section when this safety zone is
enforced. Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative. While within a safety zone, all
vessels must operate at the minimum speed necessary to maintain a safe
course.
(e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
Dated: October 11, 2012.
D.V. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2012-26002 Filed 10-22-12; 8:45 am]
BILLING CODE 9110-04-P