Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15261 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0138] 

RIN 1625–AA00 

Safety Zone; Non-Compliant Vessel 

Pursuit Training Course, Wando River, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Wando River during the NonCompliant Vessel Pursuit Training 

Course in Charleston, South Carolina 

from Monday, March 19, 2012 through 

Friday, March 23, 2012. The safety zone 

is necessary to protect the public from 

hazards associated with executing small 

boat law enforcement tactics and high 

speed maneuvers during the training 

course. 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 Charleston or 

a designated representative. 

DATES: This rule is effective from 7 a.m. 

on March 19, 2012 through 3 p.m. on 

March 23, 2012. This rule will be 

enforced from: (1) 7 a.m. until 11:30 

a.m. and 12:30 p.m. until 4:30 p.m. on 

March 19 and 20, 2012; (2) 7 a.m. until 

11:30 a.m., 12:30 p.m. until 4:30 p.m., 

and 8 p.m. until 10 p.m. on March 21 

and 22, 2012; and (3) 7 a.m. until 

11:30 a.m. and 12:30 p.m. until 3 p.m. 

on March 23, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0138 and are available online by going 

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

USCG–2012–0138 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 Ensign John R. 

Santorum, Sector Charleston Office of 

Waterways Management, Coast Guard; 

telephone (843) 740–3184, email John.R.

Santorum@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 have necessary 

information regarding the training 

course until February 22, 2012. As a 

result, the Coast Guard did not have 

sufficient time to publish an NPRM and 

to receive public comments prior to the 

training course. 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 

small boat tactical training and 

maneuvering. 

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; Pub. L. 107–295, 116 Stat. 

2064; Department of Homeland Security 

Delegation No. 0170.1. 

The purpose of the rule is to protect 

the public from hazards associated with 

executing small boat law enforcement 

tactics and high speed maneuvers 

during the training course. 

Discussion of Rule 

From Monday, March 19, 2012 

through Friday, March 23, 2012, the 

Maritime Law Enforcement Academy 

will conduct tactical training and high 

speed maneuvering with Coast Guard 

small boats. This tactical training and 

high speed maneuvering will include 

application of various law enforcement 

tactics, high speed turns, and outside 

loop maneuvers. 

The temporary safety zone 

encompasses certain waters of the 

Wando River in Charleston, South 

Carolina. This safety zone will be 

enforced from: (1) 7 a.m. until 11:30 

a.m. and 12:30 p.m. until 4:30 p.m. on 

March 19 and 20, 2012; (2) 7 a.m. until 

11:30 a.m., 12:30 p.m. until 4:30 p.m., 

and 8 p.m. until 10 p.m. on March 21 

and 22, 2012; and (3) 7 a.m. until 

11:30 a.m. and 12:30 p.m. until 3 p.m. 

on March 23, 2012. 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 Charleston 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 

Charleston by telephone at (843) 740– 

7050, 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 Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Broadcast Notice to Mariners 

and Marine Safety Information 

Bulletins. The Coast Guard will also 

provide notice of the safety zone by 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 

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 


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15262 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

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 

a total of 45 hours; (2) 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 Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4)advance 

notification of the safety zone will be 

made to the local maritime community 

by Broadcast Notice to Mariners and 

Marine Safety Information Bulletins. 

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 the Wando River 

encompassed within the temporary 

safety zone from 7 a.m. on March 19, 

2012 through 3 p.m. on March 23, 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 

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 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15263 

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 a total of 

45 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.T07–0138 to 

read as follows: 

§ 165.T07–0138 Safety Zone; NonCompliant Vessel Pursuit Training Course, 

Wando River, Charleston, SC. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Wando River, bank to bank 

and surface to bottom between 

Daybeacon #13, at position 32°51′46′′ N, 

79°53′26′′ W; and Daybeacon #23, at 

position 32°52′31′′ N, 79°51′15′′ 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 Charleston 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 Charleston 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 

Charleston by telephone at (843) 740– 

7050, 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 Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners, Marine Safety 

Information Bulletins, and on-scene 

designated representatives. 

(d) Effective Date. This rule is 

effective from 7 a.m. on March 19, 2012 

through 3 p.m. on March 23, 2012. This 

rule will be enforced from: 

(1) 7 a.m. until 11:30 a.m. and 

12:30 p.m. until 4:30 p.m. on March 19 

and 20, 2012; 

(2) 7 a.m. until 11:30 a.m., 12:30 p.m. 

until 4:30 p.m., and 8 p.m. until 10 p.m. 

on March 21 and 22, 2012; and 

(3) 7 a.m. until 11:30 a.m. and 

12:30 p.m. until 3 p.m. on March 23, 

2012. 

Dated: March 7, 2012. 

M.F. White, 

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

Port Charleston. 

[FR Doc. 2012–6312 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0129] 

Security Zone; Portland Rose Festival 

on Willamette River; Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Portland Rose Festival Security 

Zone in 33 CFR 165.1312 from 11 a.m. 

on June 6, 2012 until 11 a.m. on June 

11, 2012. This action is necessary to 

ensure the security of maritime traffic, 

including the public vessels present on 

the Willamette River during the 

Portland Rose festival. During the 

enforcement period, no person or vessel 

may enter or remain in the security zone 

without permission of the Captain of the 

Port, Columbia River, Oregon. 

DATES: The regulations in 33 CFR 

165.1312 will be enforced from 11 a.m. 

on June 6, 2012 until 11 a.m. on June 

11, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email ENS Ian McPhillips, 

Waterways Management Division, MSU 

Portland, Oregon, Coast Guard; 

telephone 503–240–9319, email 

Ian.P.McPhillips@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security zone for 

the Portland Rose Festival detailed in 33 

CFR 165.1312 for all vessels operating 

in the Columbia River Captain of the 

Port Zone from 11 a.m. on June 6, 2012 

until 11 a.m. on June 11, 2012. 

Under the provisions of 33 CFR 

165.1312 and 33 CFR part 165, subpart 

D, no person or vessel may enter or 

remain in the security zone without 

permission of the Captain of the Port, 

Columbia River. Persons or vessels 

wishing to enter the security zone may 

request permission to do so from the on 

scene Captain of the Port representative 

via VHF Channel 16 or 13. The Coast 

Guard may be assisted by other Federal, 

State, or local enforcement agencies in 

enforcing this regulation. 

This notice is issued under authority 

of 33 CFR 165.1312 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: February 24, 2012. 

B.C. Jones, 

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

Port, Columbia River. 

[FR Doc. 2012–6313 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0686, FRL–9635–5] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Motor Vehicle Enhanced Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a proposed 

revision to the State Implementation 

Plan (SIP) submitted by the New Jersey 

Department of Environmental Protection 

for New Jersey’s enhanced inspection 

and maintenance (I/M) program. New 

Jersey has made several amendments to 

its I/M program to improve performance 

of the program and has requested that 

the SIP be revised to include these 


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