50710 Federal Register / Vol. 75, No. 158 / Tuesday, August 16, 2011 / Proposed Rules 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment including your 

personal identifying information may be 

made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., c.d.t. on August 31, 2011. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendments, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public; if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: June 23, 2011. 

Len Meier, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. 2011–20548 Filed 8–15–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0101] 

RIN 1625–AA87 

Security Zones; Cruise Ships, San 

Pedro Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend 33 CFR 165.1154, Security 

Zones; Cruise Ships, San Pedro Bay, 

California, by providing a common 

description of all security zones created 

by this section to encompass only 

navigable waters within a 100-yard 

radius around any cruise ship that is 

located within the San Pedro Bay port 

area landward of the sea buoys 

bounding the Port of Los Angeles or Port 

of Long Beach or at designated 

anchorages within 3 nautical miles of 

the Federal breakwater. This notice of 

proposed rulemaking is necessary to 

provide for the safety of the cruise ship, 

vessels, and users of the waterway. 

Entry into these security zones would be 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Los Angeles—Long Beach, or 

his designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 15, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0101 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://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 

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 proposed 

rule, call or e-mail Ensign Stephen M. 

Sanders, Prevention, Coast Guard Sector 

Los Angeles—Long Beach, Coast Guard; 

telephone 310–521–3862, e-mail 

Stephen.M.Sanders@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: 

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 http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0101), 

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 (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 


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comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone 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 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0101’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

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 

comments 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 and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0101’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

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). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

Based on experience with actual 

security zone enforcement operations, 

the COTP Los Angeles—Long Beach has 

concluded that a security zone 

encompassing all navigable waters, 

extending from the surface to the sea 

floor, within a 100-yard radius around 

any cruise ship in the following 

locations is necessary to provide for the 

safety of the cruise ship, as well as other 

vessels and users of these navigable 

waters: Within the San Pedro Bay port 

area inside the sea buoys bounding the 

Port of Los Angeles or Port of Long 

Beach, or at a designated anchorage 

within 3 nautical miles seaward of the 

Federal breakwater. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a security zone regulation. The security 

zones proposed by this NPRM would 

encompass only navigable waters within 

a 100-yard radius around any cruise 

ship that is located within the San 

Pedro Bay port area landward of the sea 

buoys bounding the Port of Los Angeles 

or Port of Long Beach or at designated 

anchorages within 3 nautical miles 

seaward of the Federal breakwater. This 

notice of proposed rulemaking is 

necessary to provide for the safety of the 

cruise ship, vessels, and users of the 

waterway. Entry into these security 

zones would be prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Los Angeles—Long 

Beach, or his designated representative. 

Paragraph (b)(1) and (b)(2) of the 

existing 33 CFR 165.1154 includes 

reference to the shore area and cruise 

ships anchored at designated 

anchorages either inside or outside at 

designated anchorages within 3 nautical 

miles of the Federal breakwater. The 

COTP has determined that security 

zones for moored cruise ships in Los 

Angeles—Long Beach Harbors need not 

include any shore area, as passenger 

terminals used for cruise ship 

operations are regulated under 

regulations in 33 CFR part 105 issued 

under authority of the Maritime 

Transportation Security Act of 2002 

(Pub. L. 107–295). In addition to 

clarifying the area covered by security 

zones created by § 165.1154 (b), this 

proposed rule would simplify the 

regulation by not distinguishing 

between anchored cruise ships, moored 

cruise ships, and cruise ships 

underway. Also, we propose to revise 

paragraph (c) to make it clear that 

persons and vessels may not enter these 

security zones without first obtaining 

permission of the Captain of the Port. 

Regulatory Analyses 

This proposed 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. We expect the economic impact 

of this rule to be so minimal that full 

Regulatory Evaluation is unnecessary. 

Most of the entities likely to be affected 

are pleasure craft engaged in 

recreational activities and sightseeing. 

This rule will impose no more burden 

than the current regulation. In addition, 

due to National Security interests, the 

implementation of this security zone 

regulation is necessary for the 

protection of the United States and its 

people. The size of the zones is the 

minimum necessary to provide adequate 

protection for cruise ships. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would 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 

Los Angeles—Long Beach ports within 

a 100-yard radius of cruise ships 

covered by this rule. 

This security zone regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because vessel traffic can pass safely 

around the zones. 


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Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104- 121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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 proposed rule would call for no 

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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed 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. 

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. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed 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 proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. In § 165.1154, revise paragraphs (b) 

and (c) to read as follows: 

§ 165.1154 Security Zones; Moored Cruise 

Ships, San Pedro Bay, California. 

* * * * * 

(b) Location. The following areas are 

security zones: All navigable waters, 

extending from the surface to the sea 

floor, within a 100-yard radius around 

any cruise ship that is located within 

the San Pedro Bay area landward of the 

sea buoys bounding the port of Los 

Angeles or Port of Long Beach or at 

designated anchorages within 3 nautical 

miles seaward of the Federal 

Breakwaters. 

(c) Regulations. Under regulations in 

33 CFR part 165, subpart D, a person or 

vessel may not entry into or remain in 

the security zones created by this 

section unless authorized by the Coast 

Guard Captain of the Port Los Angeles— 


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Long Beach (COTP) or a COTP 

designated representative. 

(1) Persons desiring to transit these 

security zones may contact the COTP at 

telephone number (310) 521–3801 or on 

VHF–FM channel 16 (156.8 MHz) to 

seek permission to transit the area. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

his or her designated representative. 

(2) When a cruise ship approaches 

within 100 yards of a vessel that is 

moored, or anchored, the stationary 

vessel must stay moored or anchored 

while it remains within the cruise ship’s 

security zone unless it is either ordered 

by, or given permission from, the COTP 

Los Angeles-Long Beach to do 

otherwise. 

* * * * * 

Dated: March 8, 2011. 

R.R. Laferriere, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles—Long Beach. 

[FR Doc. 2011–20764 Filed 8–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[USCG–2011–0328] 

RIN 1625–AB70 

2012 Rates for Pilotage on the Great 

Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register of August 4, 

2011, concerning rates for pilotage on 

the Great Lakes. This correction 

provides four rows that were missing 

from Table 36 in the earlier document 

and corrects a misspelled column 

heading in Table 37 of that document. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this notice contact Mr. 

Todd Haviland, Management & Program 

Analyst, Office of Great Lakes Pilotage, 

Commandant (CG–5522), Coast Guard; 

telephone 202–372–2037, e-mail 

Todd.A.Haviland@uscg.mil, or fax 202– 

372–1909. 

SUPPLEMENTARY INFORMATION: 

Correction 

In proposed rule FR Doc. 2011–19746, 

on page 47109 in the issue of August 4, 

2011, the second column heading in 

Table 37 should read ‘‘Table 

Multiplier.’’ Also on that page, correct 

Table 36 to read as follows: 

TABLE 36—PROPOSED ADJUSTMENT OF PILOTAGE RATES, AREAS IN DISTRICT TWO

2011 Rate Rate 

multiplier 

Adjusted rate 

for 2012 

Area 4—Lake Erie: 

6 hour period ............................................................................................. $791 × 0.964 = $762 

Docking or undocking ................................................................................ 609 × 0.964 = 587 

Any point on Niagara River below Black Rock Lock ................................ 1,554 × 0.964 = 1,497 

Area 5—Southeast Shoal to Port Huron, MI between any point on or in: 

Toledo or any point on Lake Erie W. of Southeast Shoal ........................ 1,412 × 0.972 = 1,372 

Toledo or any point on Lake Erie W. of Southeast Shoal & Southeast 

Shoal ...................................................................................................... 2,389 × 0.972 = 2,231 

Toledo or any point on Lake Erie W. of Southeast Shoal & Detroit River 3,102 × 0.972 = 3,014 

Toledo or any point on Lake Erie W. of Southeast Shoal & Detroit Pilot 

Boat ........................................................................................................ 2,389 × 0.972 = 2,321 

Port Huron Change Point & Southeast Shoal (when pilots are not 

changed at the Detroit Pilot Boat) ......................................................... 4,162 × 0.972 = 4,044 

Port Huron Change Point & Toledo or any point on Lake Erie W. of 

Southeast Shoal (when pilots are not changed at the Detroit Pilot 

Boat) ....................................................................................................... 4,821 × 0.972 = 4,684 

Port Huron Change Point & Detroit River ................................................. 3,126 × 0.972 = 3,037 

Port Huron Change Point & Detroit Pilot Boat .......................................... 2,432 × 0.972 = 2,363 

Port Huron Change Point & St. Clair River ............................................... 1,729 × 0.972 = 1,680 

St. Clair River ............................................................................................ 1,412 × 0.972 = 1,372 

St. Clair River & Southeast Shoal (when pilots are not changed at the 

Detroit Pilot Boat) ................................................................................... 4,162 × 0.972 = 4,044 

St. Clair River & Detroit River/Detroit Pilot Boat ....................................... 3,126 × 0.972 = 3,037 

Detroit, Windsor, or Detroit River .............................................................. 1,412 × 0.972 = 1,372 

Detroit, Windsor, or Detroit River & Southeast Shoal ............................... 2,389 × 0.972 = 2,321 

Detroit, Windsor, or Detroit River & Toledo or any point on Lake Erie W. 

of Southeast Shoal ................................................................................ 3,102 × 0.972 = 3,014 

Detroit, Windsor, or Detroit River & St. Clair River ................................... 3,126 × 0.972 = 3,037 

Detroit Pilot Boat & Southeast Shoal ........................................................ 1,729 × 0.972 = 1,680 

Detroit Pilot Boat & Toledo or any point on Lake Erie W. of Southeast 

Shoal ...................................................................................................... 2,389 × 0.972 = 2,321 

Detroit Pilot Boat & St. Clair River ............................................................ 3,126 × 0.972 = 3,037 


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