Inland Waterways Navigation Regulation: Sacramento River, CA, 4785-4788 [2013-01238]
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
U.S.C. 2717(a)(6). The rate of fees is
established annually by the Commission
and is payable on a quarterly basis. 25
U.S.C. 2717(a)(3). IGRA limits the total
amount of fees imposed during any
fiscal year to .08 percent of the gross
gaming revenues of all gaming
operations subject to regulation under
IGRA. Failure of a gaming operation to
pay the fees imposed by the
Commission’s fee schedule can be
grounds for a civil enforcement action.
25 U.S.C. 2713(a)(1). The purpose of
part 514 is to establish how the NIGC
sets and collects those fees, to establish
a basic formula for tribes to utilize in
calculating the amount of fees to pay,
and to advise tribes of the potential
consequences for failure to pay the fees.
On February 2, 2012, the Commission
published a final rule amending part
514 to provide for the submittal of fees
and fee worksheets on a quarterly basis
rather than bi-annually; to provide for
operations to calculate fees based on the
gaming operation’s fiscal year rather
than a calendar year; to amend certain
language in the regulation to better
reflect industry usage; to establish an
assessment for fees submitted 1–90 days
late; and to establish a fingerprinting fee
payment process. 77 FR 5178, Feb. 2,
2012. In its final rule, the Commission
also provided tribes with rights to
appeal proposed late fee assessments in
accordance with 25 CFR part 577.
On September 25, 2012, the
Commission published a final rule
consolidating all appeal proceedings
before the Commission into a new
subchapter H (Appeal Proceedings
Before the Commission), thereby
removing former parts 524, 539, and
577. 77 FR 58941, Sept. 25, 2012. Thus,
any reference in part 514 to appeal
rights in former part 577 is obsolete and
must be revised to reference the new
subchapter H.
Regulatory Matters
Regulatory Flexibility Act
The rule will not have a significant
impact on a substantial number of small
entities as defined under the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
Moreover, Indian Tribes are not
considered to be small entities for the
purposes of the Regulatory Flexibility
Act.
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Small Business Regulatory Enforcement
Fairness Act
The rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
The rule does not have an effect on the
economy of $100 million or more. The
rule will not cause a major increase in
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costs or prices for consumers,
individual industries, Federal, State,
local government agencies or geographic
regions. Nor will the rule have a
significant adverse effect on
competition, employment, investment,
productivity, innovation, or the ability
of the enterprises, to compete with
foreign based enterprises.
Dated: January 14, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
Unfunded Mandates Reform Act
4785
DEPARTMENT OF HOMELAND
SECURITY
The Commission, as an independent
regulatory agency, is exempt from
compliance with the Unfunded
Mandates Reform Act, 2 U.S.C. 1502(1);
2 U.S.C. 658(1).
Takings
Civil Justice Reform
In accordance with Executive Order
12988, the Commission has determined
that the rule does not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order.
National Environmental Policy Act
The Commission has determined that
the rule does not constitute a major
federal action significantly affecting the
quality of the human environment and
that no detailed statement is required
pursuant to the National Environmental
Policy Act of 1969, 42 U.S.C. 4321, et
seq.
Paperwork Reduction Act
The information collection
requirements contained in this rule
were previously approved by the Office
of Management and Budget as required
by 44 U.S.C. 3501, et seq., and assigned
OMB Control Number 3141–0007. The
OMB control number expires on
November 30, 2015.
Text of the Rules
For the reasons discussed in the
Preamble, the Commission amends its
regulations at 25 CFR part 514 as
follows:
PART 514—FEES
1. The authority citation for part 514
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2710,
2717, 2717a.
2. In part 514, revise all references to
‘‘part 577’’ to read ‘‘subchapter H’’.
■
Frm 00027
BILLING CODE 7565–01–P
Coast Guard
33 CFR Part 162
[Docket No. USCG–2012–0952]
RIN 1625–AB95
In accordance with Executive Order
12630, the Commission has determined
that the rule does not have significant
takings implications. A takings
implication assessment is not required.
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[FR Doc. 2013–00942 Filed 1–22–13; 8:45 am]
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Inland Waterways Navigation
Regulation: Sacramento River, CA
Coast Guard, DHS.
Direct final rule; request for
comments.
AGENCY:
ACTION:
By this direct final rule, the
Coast Guard is removing the Decker
Island restricted anchorage area in the
Sacramento River. The restricted
anchorage area was needed in the past
to prevent non-government vessels from
transiting through or anchoring in the
United States Army’s tug and barge
anchorage zones. The United States
Army relinquished control of the island
in 1975, and the restricted anchorage
area is no longer necessary.
DATES: This rule is effective April 23,
2013, unless an adverse comment, or
notice of intent to submit an adverse
comment, is either submitted to our
online docket via https://
www.regulations.gov on or before March
25, 2013 or reaches the Docket
Management Facility by that date. If an
adverse comment, or notice of intent to
submit an adverse comment, is received
by March 25, 2013, we will withdraw
this direct final rule and publish a
timely notice of withdrawal in the
Federal Register.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0952 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
SUMMARY:
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, email
or call Lieutenant Lucas Mancini, Coast
Guard District Eleven; telephone 510–
437–3801, email
Lucas.W.Mancini@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 Contents
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Regulatory Information
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
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I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0952),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online, or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
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number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and type
‘‘USCG–2012–0952’’ in the ‘‘Search’’
box and click ‘‘Search.’’ On the line for
this docket, click ‘‘Comment.’’ If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
the Facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type
‘‘USCG–2012–0952’’ and click
‘‘Search.’’ If you do not have access to
the Internet, you may also view the
docket online by visiting 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public
meeting. But, you may submit a request
for a public meeting to the docket using
one of the methods specified under
ADDRESSES. In your request, explain
why you believe a public meeting
would be beneficial. If we determine
that a public meeting would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
II. Regulatory Information
We are publishing this direct final
rule under 33 CFR 1.05–55 because we
do not expect an adverse comment on
removal of this unused anchorage. This
rule would remove a restriction that is
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not currently needed or enforced. If no
adverse comment or notice of intent to
submit an adverse comment is received
by March 25, 2013, this rule will
become effective as stated in the DATES
section. In that case, approximately 30
days before the effective date, we will
publish a document in the Federal
Register stating that no adverse
comment was received and confirming
that this rule will become effective as
scheduled. However, if we receive an
adverse comment or notice of intent to
submit an adverse comment, we will
publish a document in the Federal
Register announcing the withdrawal of
all or part of this direct final rule. If an
adverse comment applies only to part of
this rule (e.g., to an amendment, a
paragraph, or a section) and it is
possible to remove that part without
defeating the purpose of this rule, we
may adopt, as final, those parts of this
rule on which no adverse comment was
received. We will withdraw the part of
this rule that was the subject of an
adverse comment. If we decide to
proceed with a rulemaking following
receipt of an adverse comment, we will
publish a separate notice of proposed
rulemaking (NPRM) and provide a new
opportunity for comment.
A comment is considered ‘‘adverse’’ if
the comment explains why this rule or
a part of this rule would be
inappropriate, including a challenge to
its underlying premise or approach, or
would be ineffective or unacceptable
without a change.
III. Basis and Purpose
The purpose of this rule is to remove
33 CFR 162.205(c) because the restricted
anchorage described in that paragraph
has not been needed or enforced since
the United States Army vacated Decker
Island in 1975. The authority to conduct
this rulemaking is found in 33 U.S.C.
1231.
IV. Discussion of the Rule
Prior to 1953 the United States Army
acquired 114.02 acres of Decker Island.
The Army used the land for boat
landing and storage activities. The
purpose of 33 CFR 162.205(c) was to
keep vessels and other craft not
associated with the United States
government from navigating or
anchoring within 50 feet of any moored
government vessel in the area. In 1974
the United States Army began to vacate
Decker Island, officially terminating its
lease in January of 1975. With the
Army’s release of the 114.02 acres of
Decker Island the intended use of the
restricted anchorage was no longer
needed. We believe that no member of
the public will be adversely affected by
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
removal of the restriction. This rule will
update the inland waterways navigation
regulations by removing the Decker
Island restricted anchorage.
V. 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.
A. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. For the reasons stated in section
IV., ‘‘Discussion of the Rule,’’ this rule
does not impose any additional costs on
the public or government.
B. 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. However,
when an agency is not required to
publish an NPRM for a rule, the RFA
does not require an agency to prepare a
regulatory flexibility analysis. The Coast
Guard was not required to publish an
NPRM for this rule for the reasons stated
in section II., ‘‘Regulatory Information,’’
and therefore is not required to publish
a regulatory flexibility analysis.
C. Assistance for Small Entities
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Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please consult Lieutenant
Lucas Mancini via the ADDRESSES
section of the rule. 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.
D. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
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4787
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded under section 2.B.2, figure 2–
1, paragraph (34)(f) of the Instruction.
This rule involves removal of the
restricted anchorage area at Decker
Island in the Sacramento River. Under
figure 2–1, paragraph (34)(f) of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule.
List of Subjects in 33 CFR Part 162
Navigation (water) and Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 162 as follows:
PART 162—INLAND WATERWAYS
NAVIGATION REGULATIONS
1. The authority citation for part 162
continues to read as follows:
■
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
Authority: 33 U.S.C. 1231; Department of
Homeland Security Delegation No. 0170.1.
[USCG–2013–0019
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 about this temporary
rule, call or email LCDR David Webb,
U.S. Coast Guard; telephone 216–902–
6050, email: David.M.Webb@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
RIN 1625–AA11
Table of Acronyms
2. In § 162.205, remove paragraph (c)
consisting of the paragraph heading and
paragraphs (c)(1) and (c)(2).
■
Dated: January 13, 2013.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2013–01238 Filed 1–22–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Regulated Navigation Area; Reporting
Requirements for Barges Loaded With
Certain Dangerous Cargoes, Inland
Rivers, Ninth Coast Guard District;
Stay (Suspension)
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Commander, Ninth Coast
Guard District is staying (suspending)
reporting requirements under the
Regulated Navigation Area (RNA)
established for barges loaded with
certain dangerous cargoes (CDC barges)
in the inland rivers of the Ninth Coast
Guard District. This stay (suspension)
extension is necessary because the Coast
Guard continues to analyze future
reporting needs and evaluate possible
changes in CDC reporting requirements.
This stay (suspension) of the CDC
reporting requirements in no way
relieves towing vessel operators and
fleeting area managers responsible for
CDC barges in the RNA from their
dangerous cargo or vessel arrival and
movement reporting obligations
currently in effect under other
regulations or placed into effect under
appropriate Coast Guard authority.
DATES: This rule is effective in the CFR
on January 23, 2013 until 11:59 p.m. on
September 30, 2013. This rule is
effective with actual notice for purposes
of enforcement at 12:01 a.m. on January
15, 2011 until 11:59 p.m. on September
30, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0019. To view documents mentioned in
this preamble as being available in the
docket, go to https://
www.regulations.gov, type the docket
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SUMMARY:
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CDC Certain Dangerous Cargo
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable, unnecessary,
and contrary to the public interest.
The contract for the CDC barge
reporting system at the Inland River
Vessel Movement Center (IRVMC)
expired in January 2011. Due to the
expiration of this contract, the Coast
Guard would not be able to receive and
process reports, therefore, in late
December 2010, the Coast Guard
decided to suspend the IRVMC
reporting requirements for a two-year
period. This suspension was published
in the Federal Register at 76 FR 2829
(January 18, 2011), and expired on
January 15, 2013.
At this time, the contract for the CDC
barge reporting system has not been
renewed, and the Coast Guard is still
considering whether to enter into a new
contract and lift the suspension, modify
the reporting requirements in the RNA,
or repeal the RNA completely. An
extension of the stay is necessary while
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the Coast Guard continues to consider
these options.
We believe prior notice and comment
is unnecessary because we expect the
affected public will have no objection to
resuming the stay (suspension) of
regulatory requirements that expired on
January 15, 2013. The Coast Guard
received no public comment or
objection regarding the suspension that
was in effect from 2011 until January 15,
2013. Prior notice and comment is also
contrary to the public interest because
there is no public purpose served by
continuing to require reports when there
is no mechanism for receiving or
processing those reports.
Under 5 U.S.C. 553(d)(1), a
substantive rule that relieves a
restriction may be made effective less
than 30 days after publication. This
temporary final rule, suspending the
reporting requirements and thereby
relieving the regulatory restriction on
towing vessel operators and fleeting area
managers provided by 33 CFR 165.921,
is effective in the CFR on January 23,
2013 and, for purposes of enforcement,
is effective at 12:01 a.m. on January 15,
2011.
B. Basis and Purpose
The legal basis for this rulemaking is
the Coast Guard’s authority to establish
regulated navigation areas, under 33
U.S.C. 1226, 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;
Public Law 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1. An RNA is a
water area within a defined boundary
for which regulations for vessels
navigating within the area have been
established, to control vessel traffic in a
place determined to have hazardous
conditions. 33 CFR 165.10;
Commandant Instruction Manual
M16704.3A, 1–6.
The purpose of this temporary final
rule is to resume the suspension of
reporting requirements that was in place
between January 2011 and January 15,
2013. This temporary rule relieves the
towing vessel operators and fleeting area
managers responsible for CDC barges
from the 33 CFR 165.921 reporting
requirements for a nine month period.
C. Discussion of the Final Rule
During the suspension of reporting
requirements, towing vessel operators
and fleeting area managers responsible
for CDC barges will be relieved of their
obligation to report their CDCs under 33
CFR 165.921(d), (e), (f), (g), and (h). This
suspension in no way relieves towing
vessel operators and fleeting area
managers responsible for CDC barges
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Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4785-4788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 162
[Docket No. USCG-2012-0952]
RIN 1625-AB95
Inland Waterways Navigation Regulation: Sacramento River, CA
AGENCY: Coast Guard, DHS.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: By this direct final rule, the Coast Guard is removing the
Decker Island restricted anchorage area in the Sacramento River. The
restricted anchorage area was needed in the past to prevent non-
government vessels from transiting through or anchoring in the United
States Army's tug and barge anchorage zones. The United States Army
relinquished control of the island in 1975, and the restricted
anchorage area is no longer necessary.
DATES: This rule is effective April 23, 2013, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to our online docket via https://www.regulations.gov on or
before March 25, 2013 or reaches the Docket Management Facility by that
date. If an adverse comment, or notice of intent to submit an adverse
comment, is received by March 25, 2013, we will withdraw this direct
final rule and publish a timely notice of withdrawal in the Federal
Register.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0952 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except
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Federal holidays. The telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Lieutenant Lucas Mancini, Coast Guard District Eleven;
telephone 510-437-3801, email Lucas.W.Mancini@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 Contents
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Regulatory Information
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0952), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov and
type ``USCG-2012-0952'' in the ``Search'' box and click ``Search.'' On
the line for this docket, click ``Comment.'' If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type ``USCG-2012-0952'' and click ``Search.'' If you do not have access
to the Internet, you may also view the docket online by visiting 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. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a public meeting to the docket using one of the methods
specified under ADDRESSES. In your request, explain why you believe a
public meeting would be beneficial. If we determine that a public
meeting would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
II. Regulatory Information
We are publishing this direct final rule under 33 CFR 1.05-55
because we do not expect an adverse comment on removal of this unused
anchorage. This rule would remove a restriction that is not currently
needed or enforced. If no adverse comment or notice of intent to submit
an adverse comment is received by March 25, 2013, this rule will become
effective as stated in the DATES section. In that case, approximately
30 days before the effective date, we will publish a document in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if we receive an adverse comment or notice of intent to submit an
adverse comment, we will publish a document in the Federal Register
announcing the withdrawal of all or part of this direct final rule. If
an adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which no adverse comment was
received. We will withdraw the part of this rule that was the subject
of an adverse comment. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
notice of proposed rulemaking (NPRM) and provide a new opportunity for
comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
III. Basis and Purpose
The purpose of this rule is to remove 33 CFR 162.205(c) because the
restricted anchorage described in that paragraph has not been needed or
enforced since the United States Army vacated Decker Island in 1975.
The authority to conduct this rulemaking is found in 33 U.S.C. 1231.
IV. Discussion of the Rule
Prior to 1953 the United States Army acquired 114.02 acres of
Decker Island. The Army used the land for boat landing and storage
activities. The purpose of 33 CFR 162.205(c) was to keep vessels and
other craft not associated with the United States government from
navigating or anchoring within 50 feet of any moored government vessel
in the area. In 1974 the United States Army began to vacate Decker
Island, officially terminating its lease in January of 1975. With the
Army's release of the 114.02 acres of Decker Island the intended use of
the restricted anchorage was no longer needed. We believe that no
member of the public will be adversely affected by
[[Page 4787]]
removal of the restriction. This rule will update the inland waterways
navigation regulations by removing the Decker Island restricted
anchorage.
V. 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.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. For the reasons stated in section IV.,
``Discussion of the Rule,'' this rule does not impose any additional
costs on the public or government.
B. 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. However, when an
agency is not required to publish an NPRM for a rule, the RFA does not
require an agency to prepare a regulatory flexibility analysis. The
Coast Guard was not required to publish an NPRM for this rule for the
reasons stated in section II., ``Regulatory Information,'' and
therefore is not required to publish a regulatory flexibility analysis.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance; please consult Lieutenant Lucas Mancini via the ADDRESSES
section of the rule. 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.
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(f) of the Instruction. This rule involves
removal of the restricted anchorage area at Decker Island in the
Sacramento River. Under figure 2-1, paragraph (34)(f) of the
Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 162
Navigation (water) and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 162 as follows:
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
1. The authority citation for part 162 continues to read as follows:
[[Page 4788]]
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec. 162.205, remove paragraph (c) consisting of the paragraph
heading and paragraphs (c)(1) and (c)(2).
Dated: January 13, 2013.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2013-01238 Filed 1-22-13; 8:45 am]
BILLING CODE 9110-04-P