2448 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

Accordingly, the interim final rule 

remains unchanged and we are adopting 

it as final. 

Regulatory Procedures 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule meets the 

criteria for a significant regulatory 

action under Executive Order 12866 as 

supplemented by Executive Order 

13563. Thus, OMB reviewed the final 

rule. 

Regulatory Flexibility Act 

We certify that these final rules will 

not have a significant economic impact 

on a substantial number of small 

entities, because they affect individuals 

only. Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

These rules do not create any new or 

affect any existing collections and, 

therefore, do not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.770, Medicare Prescription 

Drug Coverage; 96.002 Social Security— 

Retirement Insurance.) 

List of Subjects in 20 CFR Part 418 

Administrative practice and 

procedure, Aged, Blind, Disability 

benefits, Public assistance programs, 

Reporting and recordkeeping 

requirements, Supplemental Security 

Income (SSI), Medicare subsidies. 

Michael J. Astrue, 

Commissioner of Social Security. 

Accordingly, the interim rule 

amending 20 CFR chapter III, part 418, 

subpart D that was published at 75 FR 

81843 on December 29, 2010, is adopted 

as a final rule without change. 

[FR Doc. 2012–827 Filed 1–17–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0785] 

RIN 1625–AA08 

Special Local Regulation; HITS 

Triathlon; Corpus Christi Bayfront, 

Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary Special Local 

Regulation in the Corpus Christi 

Bayfront area within the Corpus Christi, 

TX Captain of the Port Zone. This 

Special Local Regulation will restrict 

vessels from portions of the Corpus 

Christi Bayfront area during the HITS 

Triathlon on February 18th and 19th, 

2012. This Special Local Regulation is 

necessary to ensure the safety of HITS 

Triathlon participants and protect them 

from the hazard of vessel traffic in the 

area. 

DATES: This regulation will be effective 

on February 18, 2012 through February 

19, 2012. This regulation will be 

enforced on February 18, 2012 from 

6:45 a.m. to 8:15 a.m. and 11:45 a.m. to 

1:15 p.m., and on February 19, 2012 

from 6:45 a.m. to 9:45 a.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0785 and are available online by going 

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

USCG–2011–0785 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 the United States 

Coast Guard Sector Corpus Christi’s 

Waterways Management Division; 

telephone (361) 888–3162, email D08- 

DG-SecCorpusChristi-Prev-PMDWWM@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. The Coast 

Guard received notice and application 

for this event on or about August 15, 

2011. The Coast Guard reviewed the 

planned event and determined that a 

special local regulation is needed to 

protect event participants from the 

possible hazards associated with local 

boat traffic in the area, but that 

determination was not completed in 

time for a Notice of Proposed 

Rulemaking to be prepares and 

comments to be received. Delaying or 

foregoing this rule to publish a NPRM 

would unnecessarily interfere with the 

contractual obligations that may be 

involved with the event and would 

forego the safety measures necessary to 

protect the event participants. The 

public interest in holding this event as 

scheduled outweighs the chance that 

this temporary rule will interfere with 

vessel traffic in a meaningful way. This 

rule does provide a full 30-day period 

before its effective date. 

Basis and Purpose 

On February 18 and 19, 2012 the 

HITS triathlon will take place near and 

in the Corpus Christi Bayfront area. This 

temporary special local regulation is 

necessary to ensure the safety of HITS 

Triathlon participants and protect them 

from the possible hazards associated 

vessel traffic inside the waters of the 

Corpus Christi Bayfront area during this 

event. 

Discussion of the Rule 

This special local regulation is 

intended to restrict vessel traffic from a 

portion of the Corpus Christi Bayfront 

area for the swim portion of the 

triathlon. The size of the zone was 

determined by natural barriers on all 4 

sides of the race course and local 

knowledge about wind, waves, and 

currents in this particular area. 

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. 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2449 

Regulatory Planning and Review 

This 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. 

The Coast Guard has determined that 

this rule is not a significant regulatory 

action for the following reasons: (1) The 

rule will be enforced for four hours a 

day for two days; (2) scheduled breaks 

will be provided to allow waiting 

vessels to transit safely through the 

affected area; (3) persons and vessels 

may enter, transit through, anchor in, or 

remain within the regulated area if they 

obtain permission from the COTP or the 

designated representative; and (4) 

advance notification of amplifying 

information about the event and this 

regulation will be made to the maritime 

community via broadcast notice to 

mariners and Local Notice to Mariners 

(LNM). 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: (1) This rule will 

only be enforced not more than 4 hours 

each day; (2) during non-enforcement 

hours all vessels will be allowed to 

transit through the special local 

regulation zone without having to 

obtain permission; (3) vessels will be 

allowed to pass through the zone with 

permission of the Coast Guard Patrol 

Commander during scheduled break 

periods between races and at other 

times when permitted by the Coast 

Guard Patrol Commander. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered 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 

would not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This 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 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 

would not create an environmental risk 

to health or risk to safety that might 

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 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 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. 


pmangrum on DSK3VPTVN1PROD with RULES
2450 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

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)(h), of the Instruction. This rule 

involves the establishment of a Special 

Local Regulation in conjunction with a 

marine event permit. Under the terms of 

the instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this regulation. 

List of Subjects in 33 CFR Part 100 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a new temporary § 100.35T08– 

0785 to read as follows: 

§ 100.35T08–0785 Special Local 

Regulations for Marine Events; HITS 

Triathlon; Corpus Christi Bayfront, Corpus 

Christi, TX. 

(a) Definitions. 

(1) As used in this section 

‘‘Participant Vessel’’ means all vessels 

officially registered with event officials 

to race or work in the event. These 

vessels include race boats, rescue boats, 

tow boats, and picket boats associated 

with the race. 

(2) 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 Corpus Christi in the 

enforcement of the regulated area 

(b) Location. The following area is a 

special local regulation: All waters of 

the Corpus Christi Bayfront area 

contained within the North Entrance to 

the Corpus Christi Marina. The western 

and eastern boundaries are the 

structures that physically construct the 

North Entrance to the Corpus Christi 

Marina; respectively, S. Southshore Line 

Blvd. and the three Breakwater walls. 

The northern boundary is a straight line 

running from the entrance of the Corpus 

Christi Art Museum Pier Security Fence 

(approx 27°48′37.6′′ N/097°32′34.3′′ W) 

to the northern most tip of the 

breakwater walls (approx 27°48′31.1′′ N/ 

097°23′27.2′′ W). The southern 

boundary is a straight line running from 

the intersection of Mann St. and S. 

Southshore Line Blvd. (approx 

27°48′03.5′′ N/097°23′28.1′′ W) to the 

southernmost tip of the breakwater 

walls (approx 27°48′09.5′′ N/ 

097°23′18.1′′ W). 

(c) Enforcement Period. This 

regulation will be enforced on February 

18, 2012 from 6:45 a.m. to 8:15 a.m. and 

11:45 a.m. to 1:15 p.m., and on February 

19, 2012 from 6:45 a.m. to 9:45 a.m., or 

until swim the for each race is complete. 

(d) Regulations. 

(1) In accordance with the general 

regulations for marine events detailed in 

§ 100.35, 100.40, and 100.801 of this 

part, entry into this zone is prohibited 

to all vessels except participant vessels 

and those vessels specifically 

authorized by the Captain of the Port, 

Corpus Christi, designated Coast Guard 

Patrol Commander or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the Captain of the Port, 

Corpus Christi, designated Coast Guard 

Patrol Commander or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (361) 939–6349. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Corpus Christi, 

designated Coast Guard Patrol 

Commander or a designated 

representative. 

(e) Informational Broadcasts. The 

Captain of the Port Corpus Christi or a 

designated representative will inform 

the public through broadcast notice to 

mariners when special local regulations 

have been established and if there are 

changes to the enforcement period for 

this special local regulation. 

Dated: November 23, 2011. 

J.R. Pasch, 

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

Port, Corpus Christi. 

[FR Doc. 2012–785 Filed 1–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1165] 

RIN 1625–AA87 

Security Zone; Potomac and Anacostia 

Rivers, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River and Anacostia River in 

order to safeguard high-ranking public 

officials from terrorist acts and 

incidents. This action is necessary to 

ensure the safety of persons and 

property, and prevent terrorist acts or 

incidents. This rule prohibits vessels 

and people from entering the security 

zone and requires vessels and persons 

in the security zone to depart the 

security zone, unless specifically 

exempt under the provisions in this rule 

or granted specific permission from the 

Coast Guard Captain of the Port 

Baltimore. 

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

until 11:59 p.m. on January 24, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1165 and are available online by going 

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

USCG–2011–1165 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. Ronald L. Houck, 

at Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone (410) 576–2674, email 

Ronald.L.Houck@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 


pmangrum on DSK3VPTVN1PROD with RULES