Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations 20719 

single leaf operation of the double leaf 

bascule style drawbridge during the 

project. 

DATES: This deviation is effective from 

7 a.m., April 20, 2012, to 6 p.m. on June 

18, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of the docket USCG– 

2012–0230 and are available online by 

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

inserting USCG–2012–0230 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 David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, email 

David.H.Sulouff@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 

California Department of Transportation 

has requested a temporary change to the 

operation of the Isleton Drawbridge, 

mile 18.7, over Sacramento River, at 

Isleton, CA. The drawbridge navigation 

span provides a vertical clearance of 15 

feet above Mean High Water in the 

closed-to-navigation position. The draw 

opens on signal from May 1 through 

October 31 from 6 a.m. to 10 p.m. and 

from November 1 through April 30 from 

9 a.m. to 5 p.m. At all other times the 

draw shall open on signal if at least four 

hours notice is given to the drawtender 

at the Rio Vista bridge across the 

Sacramento River, mile 12.8, as required 

by 33 CFR 117.189(a). Navigation on the 

waterway is commercial and 

recreational. 

Either leaf of the double bascule 

drawspan may be secured in the closedto-navigation position from 7 a.m., April 

20, 2012 to 6 p.m. on June 18, 2012, to 

allow Caltrans to conduct painting and 

maintenance on the bridge. The 

opposite leaf will continue to operate 

normally, providing unlimited vertical 

clearance and 83 feet horizontal 

clearance between leafs. A work 

platform will be installed below the 

secured leaf, reducing vertical clearance 

by 6 feet. This temporary deviation has 

been coordinated with waterway users. 

No objections to the proposed 

temporary deviation were raised. 

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 regulations 

is authorized under 33 CFR 117.35. 

Dated: March 23, 2102. 

D.H. Sulouff, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2012–8294 Filed 4–5–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0037] 

RIN 1625–AA00 

Safety Zone; Matlacha Bridge 

Construction, Matlacha Pass, 

Matlacha, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Matlacha Pass in the 

vicinity of the Matlacha Bridge in 

Matlacha, Florida. The safety zone will 

be enforced during construction of the 

Matlacha Bridge from Monday, March 

12, 2012 through Tuesday, April 10, 

2012. The safety zone is necessary to 

protect life and property on navigable 

waters of the United States during the 

Matlacha Bridge construction. 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 7 a.m. 

on March 12, 2012 through 7 p.m. on 

April 10, 2012. This rule will be 

enforced daily from 7 a.m. until 7 p.m. 

on March 12, 2012 through April 10, 

2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0037 and are available online by going 

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

USCG–2012–0037 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 First Class Nolan L. 

Ammons, 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 

this stage of the Matlacha Bridge 

construction until February 6, 2012. As 

a result, the Coast Guard did not have 

sufficient time to publish an NPRM and 

to receive public comments prior to 

construction operations to install the 

new bascule leaf on the Matlacha 

Bridge. 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 bridge 

construction. 

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 

life and property on navigable waters of 

the United States during the Matlacha 

Bridge construction. 


erowe on DSK2VPTVN1PROD with RULES
20720 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations 

Discussion of Rule 

From Monday, March 12, 2012 

through Tuesday, April 10, 2012, Archer 

Western Contractors, Ltd., Inc. will be 

installing a new bascule leaf on the 

Matlacha Bridge in Matlacha, Florida. 

The bascule leaf installation will require 

a barge to be placed between the fender 

system at the Matlacha Bridge, thereby 

closing the Matlacha Pass channel to 

marine traffic. The construction poses a 

danger to mariners located in or 

transiting the area. 

The safety zone encompasses certain 

waters of Matlacha Pass in the vicinity 

of the Matlacha Bridge in Matlacha, 

Florida. The safety zone will be in effect 

during the installation of the bascule 

leaf, which is scheduled to take place 

between March 12, 2012 and April 10, 

2012. At this time the Coast Guard does 

not know the exact hours of 

construction. However, prior to each 

enforcement period, the Coast Guard 

will provide notice by publication in the 

local notice to mariners and via 

broadcast notice to mariners. On-scene 

notice will also be provided by the 

Coast Guard or local law enforcement. 

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 

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 only be 

enforced for 12 hours per day for a total 

of 29 days; (2) vessel traffic in the area 

is expected to be minimal during the 

enforcement periods; (3) the barge 

placed in the main channel will be able 

to move with 12 hours advance notice; 

(4) 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 periods; (5) persons 

and vessels may still enter, transit 

through, anchor in, or remain within the 

safety zone during the enforcement 

periods if authorized by the Captain of 

the Port St. Petersburg or a designated 

representative; and (6) 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 Matlacha Pass 

encompassed within the safety zone 

between 7 a.m. and 7 p.m. from March 

12, 2012 through April 10, 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. 


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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations 20721 

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 

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 12 hours per 

day for a total of 29 days. 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.T07–0037 to 

read as follows: 

§ 165.T07–0037 Safety Zone; Matlacha 

Bridge Construction, Matlacha Pass, 

Matlacha, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of Matlacha Pass within a 100 

yard radius of position 26°37′57.6′′ N, 

82°04′04.8′′ 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 regulated area will only be 

enforced during the installation of the 

new bascule leaf requiring the 

placement of a barge within the main 

channel. 

(4) 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 and Enforcement 

Periods. This rule is effective from 

7 a.m. on March 12, 2012 through 

7 p.m. on April 10, 2012. This rule will 

be enforced daily from 7 a.m. until 

7 p.m. on March 12, 2012 through April 

10, 2012, during installation of the 

bascule leaf on the Matlacha Bridge. 

Dated: March 9, 2012. 

S.L. Dickinson, 

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

Port. 

[FR Doc. 2012–8311 Filed 4–5–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0604; FRL–9342–5] 

2-Ethyl-1-hexanol; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


erowe on DSK2VPTVN1PROD with RULES