Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2017 

Issued in Washington, DC, on this 10th day 

of January 2012. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2012–586 Filed 1–12–12; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR PART 165 

[Docket No. USCG–2011–1161] 

RIN 1625–AA00 

Safety Zone; Ice Rescue Exercise; 

Green Bay, Dyckesville, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Green Bay near 

Dyckesville, Wisconsin. This zone is 

intended to restrict vessels and persons 

from a portion of Green Bay due to a 

large scale ice rescue exercise that will 

involve multiple State and Federal 

agencies. This temporary safety zone is 

necessary to protect the surrounding 

public and vessels from the hazards 

associated with the ice rescue exercise. 

DATES: This rule is effective between 

7 a.m. on January 17, 2012, and 7 a.m. 

on January 20, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1161 and are available online by going 

to www.regulations.gov, inserting 

USCG–2011–1161 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, contact or email BM1 Adam Kraft, 

U.S. Coast Guard Sector Lake Michigan, 

at (414) 747–7148 or 

Adam.D.Kraft@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 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. The final details for the 

ice rescue exercise were not received by 

the Coast Guard in sufficient time for a 

comment period to run before the start 

of the event. Thus, waiting for a 

comment period to run would inhibit 

the Coast Guard from performing its 

statutory function of protecting life on 

navigable waters during the ice rescue 

exercise and thus would be impractical 

and contrary to the public interest. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, a 

30 day notice period would be 

impractical and contrary to the public 

interest. 

Background and Purpose 

Local, state, and federal officials have 

set up an ice rescue exercise on the 

waters of Green Bay. This exercise will 

provide a realistic simulation of a large 

scale ice rescue response that would 

include the efforts of multiple local, 

State, and Federal agencies. These 

exercises are meant to establish and 

maintain continuity in the response 

efforts of multiple agencies. The Captain 

of the Port Sector Lake has determined 

that this ice rescue exercise will pose 

hazards to the public. 

Discussion of Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Sector 

Lake Michigan has determined that it is 

necessary to establish a temporary safety 

zone to protect people and vessels. The 

safety zone will encompass all U.S. 

navigable waters of Green Bay within 

the arc of a circle with a 2000-yard 

radius of the Red River county park 

with its center point located with its 

center in the approximate position 

44°40′00′′ N, 087°45′00′′ W. [DATUM: 

NAD 83]. This safety zone will be 

effective and enforce between 7 a.m. on 

January 17, 2012 and 7 a.m. on January 

20, 2012. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. The Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative may be 

contacted via VHF Channel 16. 

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, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 

12866. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and exist for relatively 

short time. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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 


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2018 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The people or vessels intending 

to use this portion of Green Bay between 

7 a.m. on January 17, 2012 and 7 a.m. 

on January 20, 2012. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will 

only be enforced for a relatively short 

time. Plus, the Coast Guard expects that 

there will be little to no vessel traffic 

due to the fact that this portion of the 

waterway will be iced over. It is 

expected that ice fishermen may be 

affected but public notice flyers to be 

distributed throughout the town of 

Dyckesville, along with this publication 

in the Federal Register, will mitigate 

any economic impact and keep a 

substantial number of ice fishermen 

from being affected. 

In the event that this temporary safety 

zone affects shipping, commercial 

vessels may request permission from the 

Captain of The Port, Sector Lake 

Michigan, or his or her on scene 

representative to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast to 

Mariners that the regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we offer to assist small entities in 

understanding the rule so that they 

could 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 (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. 

Taking of Private Property 

This rule will not affect 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 concern 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 the establishment of a safety 

zone and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. 

A final environmental analysis check 

list and 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 


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Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2019 

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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–1161 to read as 

follows 

§ 165.T09–1161 Safety Zone; Ice Rescue 

Exercise, Green Bay, Dyckesville, 

Wisconsin 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

Green Bay within the arc of a circle with 

a 2000-yard radius of the Red River 

county park with its center point 

located with its center in the 

approximate position 44°40′00′′ N, 

087°45′00′′ W. [DATUM: NAD 83]. 

(b) Effective and enforcement period. 

This rule is effective and will be 

enforced from 7 a.m. on January 17, 

2012, until 7 a.m. on January 20, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The designated 

representative of the Captain of the Port, 

Sector Lake Michigan, will be in the 

area of the ice rescue exercise at all 

times. 

(4) People or vessels desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

or her designated representative. 

Dated: January 5, 2012. 

M.W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2012–616 Filed 1–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1159] 

RIN 1625–AA87 

Security Zone; Passenger Vessel 

SAFARI EXPLORER Arrival/Departure, 

Kaunakakai Harbor, Molokai, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for Kaunakakai Harbor, Molokai 

including the entrance channel and 

offshore area adjacent to the channel’s 

entrance. The establishment of this 

security zone is necessary to enable the 

Coast Guard and its law enforcement 

partners to protect people, vessels, and 

facilities in and around Kaunakakai 

Harbor during potential non-compliant 

protests involving the passenger vessel 

SAFARI EXPLORER to its intended 

berth in the harbor. Entry into the 

temporary security zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port, Honolulu, or her 

designated representatives. 

DATES: This rule is effective from 

11 p.m. HST on January 19, 2012, 

through 9 a.m. HST on May 15, 2012. 

Comments and related material must be 

received by the Coast Guard on or before 

February 3, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1159 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 temporary 

rule call or email Lieutenant 

Commander Scott O. Whaley, U.S. Coast 

Guard; telephone (808) 522–8264 (ext. 

352), email Scott.O.Whaley@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–2011–1159), 

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 

comment online via 

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 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 email 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://regulations.gov, click on the 

‘‘Submit a Comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Search All’’ and insert ‘‘USCG– 

2011–1159’’ in the ‘‘Keyword’’ box. 


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