10960 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations 

acquiring banks, and individual 

cardholders are not required to report. 

(B) Covered transactions. The BE–150 

survey collects aggregate information on 

the use of credit, debit, and charge cards 

by U.S. cardholders when traveling 

abroad and foreign cardholders when 

traveling in the United States. Data are 

collected by the type of transaction, by 

type of card, by spending category, and 

by country. 

(ii) [Reserved] 

[FR Doc. 2012–4352 Filed 2–23–12; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0047] 

Drawbridge Operation Regulation; 

Snake Creek, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of Snake Creek 

Bridge, mile 0.5, across Snake Creek, in 

Islamorada, Florida. The regulation is 

set forth in 33 CFR 117.331. The 

deviation is necessary due to the high 

volume of vehicle traffic anticipated 

during the Annual Nautical Flea Market, 

which will be held in Islamorada, 

Florida on February 25, 2012 and 

February 26, 2012. The deviation will 

result in the bridge only opening to 

navigation at the top of the hour from 

8 a.m. until 5 p.m. daily on February 25, 

2012 and February 26, 2012. At all other 

times on February 25, 2012 and 

February 26, 2012, the bridge will open 

on demand. 

DATES: This deviation is effective from 

8 a.m. on February 25, 2012 through 

5 p.m. on February 26, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0047 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0047 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are 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 Jessica Hopkins, Seventh District 

Bridge Branch, Coast Guard; telephone 

(305) 415–6946, email 

Jessica.R.Hopkins@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Monroe County Sheriff’s Office has 

requested a temporary modification to 

the operating schedule of Snake Creek 

Bridge in Islamorada, Florida. This 

deviation will result in the bridge 

opening only on the top of the hour 

from 8 a.m. to 5 p.m. daily on February 

25, 2012 and February 26, 2012 during 

the Annual Nautical Flea Market. The 

Annual Nautical Flea Market generates 

a high volume of vehicle traffic. 

Opening this bridge on demand in past 

years during the event has resulted in 

significant vehicle congestion. By 

opening the bridge only on the top of 

the hour vehicular congestion will be 

reduced. 

The vertical clearance of Snake Creek 

Bridge, across Snake Creek is 27 feet. 

Vessels with a clearance of less than 

27 feet may pass underneath the bridge 

while it is in the closed position. The 

normal operating schedule for Snake 

Creek Bridge is set forth in 33 CFR 

117.331. 33 CFR 117.331 requires the 

bridge to open on signal; except that 

from 8 a.m. to 4 p.m., the bridge need 

only open on the hour and half-hour. As 

a result of this temporary deviation, 

Snake Creek Bridge will only open to 

navigation on the top of the hour from 

8 a.m. until 5 p.m. daily on February 25, 

2012 and February 26, 2012. At all other 

times on February 25, 2012 and 

February 26, 2012, the bridge will open 

on signal. However, the drawspan will 

open as soon as possible for the passage 

of tugs with tows, vessels in distress, 

and Public vessels of the United States. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulation 

is authorized under 33 CFR 117.35. 

Dated: February 1, 2012. 

B.L. Dragon, 

Bridge Program Director, Seventh Coast 

Guard District. 

[FR Doc. 2012–4392 Filed 2–22–12; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0092] 

RIN 1625–AA87 

Security Zone, East River and Bronx 

Kill; Randalls and Wards Islands, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the waters of the East River and 

Bronx Kill, in the vicinity of Randalls 

and Wards Islands, New York. This 

security zone is necessary to ensure the 

safety of the President of the United 

States, members of his official party, 

and other senior government officials. 

The zone is intended to restrict vessels 

from a portion of the East River and 

Bronx Kill when public officials are 

scheduled to arrive and depart the area. 

Persons or vessels may not enter this 

security zone without permission of the 

Captain of the Port New York (COTP) or 

the COTP’s designated on-scene 

representative. 

DATES: This rule is effective from 4 p.m. 

until 11:30 p.m. on Thursday, March 1, 

2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0092 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0092 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are 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 temporary 

rule, call or email Mr. Jeff Yunker, 

Waterways Management Division, Coast 

Guard Sector New York; telephone 718– 

354–4195, email 

Jeff.M.Yunker@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations 10961 

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 specific 

information regarding the event was not 

received in time to publish a NPRM and 

seek comments before issuing a final 

rule before the effective date. Publishing 

an NPRM and delaying the effective 

date would be contrary to the public 

interest since the occasion would occur 

before a notice and comment 

rulemaking could be completed, thereby 

potentially jeopardizing the safety of the 

President of the United States, members 

of his official party, and other senior 

government officials. 

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 reasons in the preceding 

paragraph. 

Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 1226 and 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; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish security zones. 

The United States Secret Service 

requested that the Coast Guard establish 

a security zone on the waters of the East 

River and Bronx Kill during the arrival 

and departure of the President of the 

United States to and from Randalls and 

Wards Islands, New York. The purpose 

of the temporary security zone is to 

facilitate the security and safety of the 

President of the United States during his 

visit to New York City. 

Discussion of Rule 

The temporary security zone is 

effective on March 1, 2012, from 4 p.m. 

until 11:30 p.m. The security zone is 

located on a portion of the East River 

and the Bronx Kill. The East River 

security zone is approximately 1,500 

yards to 2,150 yards long and 290 yards 

to 860 yards wide. The Bronx Kill 

security zone is approximately 430 

yards long and 30 yards to 340 yards 

wide. Specific geographic locations are 

specified in the regulatory text. Vessels 

or persons violating this rule are subject 

to the penalties set forth in 33 U.S.C. 

1232 and 50 U.S.C. 192. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, as 

supplemented by Executive Order 

13563, 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. 

This determination is based on the 

limited time that vessels will be 

restricted from the zone. The temporary 

security zone will only be in effect for 

less than eight hours on March 1, 2012. 

The Coast Guard expects minimal 

adverse impact to mariners from the 

zone’s activation based on the limited 

duration of the enforcement period, the 

limited geographic area affected and 

because affected mariners may request 

authorization from the COTP or the 

designated on-scene representative to 

transit the zone. 

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 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 and operators of 

vessels intending to transit or anchor in 

a portion of the East River or Bronx Kill, 

in the vicinity of Randalls or Wards 

Islands, NY, during the effective period. 

This temporary security zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: The security 

zone is of limited size and duration. 

Persons or vessels may request 

permission to transit the security zone 

from the COTP or the designated onscene representative. 

Additionally, before and during the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to users of the waterway, 

including verbal broadcast notice to 

mariners and distribute a written notice 

to waterway users online at http:// 

homeport.uscg.mil/newyork. 

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 rule calls 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 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 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 


rmajette on DSK2TPTVN1PROD with RULES
10962 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

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. 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishment of a temporary 

security zone on a portion of the East 

River and Bronx Kill during the arrival 

and departure of the President of the 

United States to and from Randalls and 

Wards Islands. An environmental 

analysis checklist and a categorical 

exclusion determination will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine security, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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. 

Chapter 701; 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.T01–0092 to read as 

follows: 

§ 165.T01–0092 Security Zone, East River 

and Bronx Kill; Randalls and Wards Islands, 

NY 

(a) Location. The following area is a 

temporary security zone: All waters of 

the East River between the Hell Gate 

Rail Road Bridge (mile 8.2), and a line 

drawn from a point at approximate 

position 40°47′27.12′′ N, 073°54′35.14′′ 

W (Lawrence Point, Queens) to a point 

at approximate position 40°47′52.55′′ N, 

073°54′35.25′′ W (Port Morris Stacks), 

and all waters of the Bronx Kill 

southeast of the Bronx Kill Rail Road 

Bridge (mile 0.6). 

(b) Definitions. For purposes of this 

section ‘‘Designated on-scene 

representative’’ is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on the COTP’s behalf. 

(c) Effective period. This section is 

effective from 4 p.m. until 11:30 p.m. on 

March 1, 2012. 

(d) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones 

found in 33 CFR 165.33. 

(2) Entry, transit, or anchoring within 

the security zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. The 

designated on-scene representative may 

be on a Coast Guard vessel, or onboard 

a federal, state, or local agency vessel 

that is authorized to act in support of 

the Coast Guard. 

(3) The COTP will provide notice of 

this security zone by appropriate means, 

which may include but are not limited 

to a Local Notice to Mariners or 

Broadcast Notice to Mariners. 

(4) Vessel operators given permission 

to enter or operate in the security zone 

must comply with all directions given to 

them by the COTP or the designated onscene representative. Those vessels may 

be required to anchor or moor up to a 

waterfront facility. 

(5) Vessel operators desiring to enter 

or operate within the security zone shall 

telephone the COTP at 718–354–4356 or 

the designated on-scene representative 

via VHF channel 16 to obtain 

permission to do so. 

Dated: February 14, 2012. 

G.P. Hitchen, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New York. 

[FR Doc. 2012–4270 Filed 2–23–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0494; FRL–8883–1] 

Flazasulfuron; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 


rmajette on DSK2TPTVN1PROD with RULES