This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

14471 

Vol. 77, No. 48 

Monday, March 12, 2012 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0110] 

RIN 1625–AA00 

Safety Zone; Festival of States 2012 

Night Parade Fireworks Display, 

Tampa Bay, St. Petersburg, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Tampa Bay in St. 

Petersburg, Florida during Festival of 

States 2012 Night Parade Fireworks 

Display on Thursday, March 22, 2012. 

The safety zone is necessary to protect 

the public from the hazards associated 

with launching fireworks over navigable 

waters of the United States. Persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. 

DATES: This rule is effective from 8 p.m. 

until 10 p.m. on March 22, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0110 and are available online by going 

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

USCG–2012–0110 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 

final rule, call or email Marine Science 

Technician Second Class Chad R. 

Griffiths, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email D07- 

SMB-Tampa-WWM@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 

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 the 

Coast Guard did not receive notice of 

the fireworks display with sufficient 

time to publish an NPRM and to receive 

public comments prior to the fireworks 

display. Any delay in the effective date 

of this rule would be contrary to the 

public interest because immediate 

action is needed to minimize potential 

danger to the public during the 

fireworks display. 

For the same reason discussed above, 

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. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

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; Public Law 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of the rule is to protect 

the public from the hazards associated 

with launching fireworks over navigable 

waters of the United States. 

Discussion of Rule 

On Thursday, March 22, 2012, the 

Festival of States 2012 Night Parade 

Fireworks Display is scheduled to take 

place in St. Petersburg, Florida. The 

fireworks will be launched from Spa 

Beach, and the fireworks will explode 

over Tampa Bay. The fireworks display 

is scheduled to commence at 8:45 p.m. 

and conclude at approximately 

9:45 p.m. 

The temporary safety zone 

encompasses certain waters of Tampa 

Bay in St. Petersburg, Florida. The 

safety zone will be enforced from 8 p.m. 

on March 22, 2012, 45 minutes prior to 

the scheduled commencement of the 

fireworks display at approximately 

8:45 p.m., to ensure the safety zone is 

clear of persons and vessels. 

Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

safety zone unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within the safety 

zone may contact the Captain of the Port 

St. Petersburg by telephone at (727) 

824–7524, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the Captain of the 

Port St. Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

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 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 


pmangrum on DSK3VPTVN1PROD with RULES
14472 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Rules and Regulations 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will be enforced for 

only two hours; (2) vessel traffic in the 

area will be minimal during the 

enforcement period; (3) although 

persons and vessels will not be able to 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the Captain of the 

Port St. Petersburg or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (4) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone if authorized by the Captain of the 

Port St. Petersburg or a designated 

representative; and (5) the Coast Guard 

will provide advance notification of the 

safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of Tampa Bay encompassed 

within the safety zone from 8 p.m. until 

10 p.m. on March 22, 2012. For the 

reasons discussed in the Regulatory 

Planning and Review section above, this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

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 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect 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 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Rules and Regulations 14473 

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 that 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 establishing a temporary safety 

zone that will be enforced for only two 

hours. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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. 

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. 

■ 2. Add a temporary § 165.T07–0110 to 

read as follows: 

§ 165.T07–0110 Safety Zone; Festival of 

States 2012 Night Parade Fireworks 

Display, Tampa Bay, St. Petersburg, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone: All 

waters of Tampa Bay within a 375 yard 

radius of position 27°46′31′′ N, 

82°37′38′′ W. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port St. Petersburg or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port St. 

Petersburg by telephone at (727) 824– 

7524, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port St. Petersburg or 

a designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port St. Petersburg or 

a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective from 8 p.m. until 10 p.m. on 

March 22, 2012. 

Dated: February 21, 2012. 

S.L. Dickinson, 

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

Port. 

[FR Doc. 2012–5858 Filed 3–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Parts 1500, 1501, 1502, 1503, 

1505, 1506, 1507, and 1508 

Final Guidance on Improving the 

Process for Preparing Efficient and 

Timely Environmental Reviews Under 

the National Environmental Policy Act 

AGENCY: Council on Environmental 

Quality. 

ACTION: Notice of availability, final 

guidance. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is issuing 

its final guidance on Improving the 

Process for Preparing Efficient and 

Timely Environmental Reviews under 

the National Environmental Policy Act. 

The National Environmental Policy Act 

(NEPA) and CEQ Regulations 

implementing NEPA provide numerous 

techniques for preparing efficient and 

timely environmental reviews. CEQ is 

issuing this guidance for Federal 

departments and agencies to emphasize 

and clarify that these techniques are 

available for all NEPA Environmental 

Assessments and Environmental Impact 

Statements. These techniques are 

consistent with a thorough and 

meaningful environmental review and 

agencies using these techniques should 

keep in mind the following basic 

principles: NEPA encourages 

straightforward and concise reviews and 

documentation that are proportionate to 

potential impacts and effectively convey 

the relevant considerations in a timely 

manner to the public and decision 

makers, while rigorously addressing the 

issues presented; NEPA shall be 

integrated into project planning to 

ensure planning and decisions reflect 

environmental considerations, avoid 

delays later in the process, and 

anticipate and attempt to resolve issues, 

rather than be an after-the-fact process 

that justifies decisions already made; 

NEPA reviews should coordinate and 

take appropriate advantage of existing 

documents and studies, including 

through adoption and incorporation by 

reference; early and well-defined 

scoping can assist in focusing 

environmental reviews on appropriate 

issues that would be meaningful to a 

decision on the proposed action; 

agencies are encouraged to develop 

meaningful, predictable, and 

expeditious timelines for environmental 

reviews; and agencies should respond to 

comments in proportion to the scope 

and scale of the environmental issues 

raised. This guidance applies equally to 

the preparation of an Environmental 

Assessment or an Environmental Impact 

Statement consistent with legal 

precedent and agency NEPA experience 

and practice. This guidance does not 

change or substitute for any law, 

regulations, or any other legally binding 

requirement. It does provide CEQ’s 

interpretation of existing regulations 

promulgated under NEPA. 

DATES: The guidance is effective March 

12, 2012. 

FOR FURTHER INFORMATION CONTACT: The 

Council on Environmental Quality 

(ATTN: Horst Greczmiel, Associate 

Director for National Environmental 

Policy Act Oversight), 722 Jackson Place 

NW., Washington, DC 20503. 

Telephone: (202) 395–5750. 

SUPPLEMENTARY INFORMATION: Enacted in 

1970, the National Environmental 

Policy Act (NEPA), 42 U.S.C. 4321– 

4346b, is a fundamental tool used to 

harmonize our environmental, 

economic, and social aspirations and is 

a cornerstone of our Nation’s efforts to 

protect the environment. NEPA 

recognizes that many Federal activities 


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