21868 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 

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. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects 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.T13–213 to 

read as follows: 

§ 165.T13–213 Safety Zone; Sunken 

Vessel, Puget Sound, Everett, WA. 

(a) Location: The following area is 

designated as a safety zone: All waters 

within 200 yards of the Vigor Marine 

Dry Dock in Everett, WA. 

(b) Regulations: In accordance with 

the general regulations in 33 CFR 165, 

Subpart C, vessels wishing to enter the 

zone must request permission for entry 

by contacting the Joint Harbor Operation 

Center at (206) 217–6001 or Vessel 

Traffic Service Puget Sound on VHF– 

FM CH 14. Once permission for entry is 

granted vessels must proceed at a 

minimum speed for safe navigation. 

(c) Effective Dates and Enforcement 

Periods: This rule will be effective and 

enforced from 12 a.m. on April 2, 2012 

through 11:59 p.m. on April 15, 2012, 

unless cancelled sooner by the Captain 

of the Port. 

Dated: March 30, 2012. 

S. J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2012–8757 Filed 4–11–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1005] 

RIN 1625–AA00 

Safety Zone; Marina Salvage, 

Bellingham Bay, Bellingham, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in and around 

the Squalicum Harbor Marina, located 

in Bellingham, WA. This action is 

necessary to ensure the safety of the 

maritime public and the on-scene law 

enforcement, and salvage vessels by 

preventing contact with associated 

debris, and sunken vessels, and will do 

so by prohibiting vessels from entering 

or remaining in the safety zone unless 

authorized by the Captain of the Port or 

his Designated Representative. 

DATES: This rule is effective April 12, 

2012 through 11:59 p.m. April 13, 2012. 

The safety zone has been enforced with 

actual notice since 12 a.m. on April 5, 

2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1005 and are available online by going 

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

USCG–2011–1005 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 Ensign Nathaniel P. 

Clinger, Waterways Management 

Division, Coast Guard Sector Puget 

Sound; Coast Guard; telephone 

206–217–6323, email 

SectorPugetSoundWWM@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 

publishing a NPRM would be contrary 

to public interest since immediate 

action is necessary to protect vessels, 

persons and law enforcement vessels in 


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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 21869 

Bellingham, WA, from hazards created 

by a marina fire, which produced 

sunken vessels, and requires emergency 

salvage operations. 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. 

Normal notice and comment procedures 

cannot be followed due to the 

immediate threat of collision and/or 

exposure to hazardous debris associated 

with the marina salvage operations. 

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. 

On March 30 at approximately 5:32 

a.m. the Coast Guard received a report 

that a house boat exploded, in the 

Squalicum Marina in the Bellingham 

Harbor, which ignited a boat house and 

sunk multiple vessels. On April 4, 2012 

the Coast Guard was notified that the 

salvage operations to recover 

approximately 10 sunken vessels will 

require a safety zone that exceeds the 

timeline of the initial zone. Due to 

ongoing salvage operations, which may 

include cranes and vessels utilizing dive 

teams, the Coast Guard will establish a 

safety zone of all waters of the 

Squalicum Harbor Marina and all waters 

within 200 yards of the entrance to the 

marina, located in Bellingham, WA. 

Enforcement of this zone will 

commence at 12 a.m. on April 5, 2012. 

The safety zone created by this rule is 

necessary to help ensure the safety of 

the maritime public and the personnel 

involved in the salvage operations. It 

prevents navigation in areas that may 

contain debris and hazardous materials 

produced from the boat house and 

damaged vessels. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone which encompasses all 

waters of the Squalicum Harbor Marina 

and all waters within 200 yards of the 

entrance, in Bellingham, WA. Vessels 

wishing to enter the zone must request 

permission for entry by contacting the 

on-scene patrol craft on VHF CH 13 or 

Joint Harbor Operation Center at (206) 

217–6001. Once permission for entry is 

granted vessels must proceed at a 

minimum speed necessary for safe 

navigation. 

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, 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. This rule is not a significant 

regulatory action due to being limited in 

size and duration. 

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 will affect the following 

entities, some of which may be small 

entities: The owners or operators vessels 

intending to transit the affected 

waterway during the period mentioned. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because the zone established in this rule 

is limited in size and short in duration. 

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 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 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 


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21870 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 

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. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects 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.T13–215 to 

read as follows: 

§ 165.T13–215 Safety Zone; Marina 

Salvage, Bellingham Bay, Bellingham, WA. 

(a) Location. The following area is 

designated as a safety zone: All waters 

of the Squalicum Harbor Marina and all 

waters within 200 yards of the entrance 

to the marina, located in Bellingham, 

WA. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR 165, 

Subpart C, vessels wishing to enter the 

zone must request permission for entry 

by contacting the Joint Harbor Operation 

Center at (206) 217–6001 or the onscene patrol craft on VHF CH 13. Once 

permission for entry is granted vessels 

must proceed at a minimum speed 

necessary for safe navigation. 

(c) Enforcement period. This rule will 

be effective from 12 a.m. on April 5, 

2012, through 11:59 p.m. on April 13, 

2012, unless cancelled sooner by the 

Captain of the Port. 

Dated: April 4, 2012. 

S. J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2012–8876 Filed 4–10–12; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9657–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the A & F Material Reclaiming, Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Deletion of the 

A & F Material Reclaiming, Inc. 

Superfund Site (Site), located in 

Greenup, Illinois from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Illinois, through the Illinois 

Environmental Protection Agency 

(IEPA), because EPA has determined 

that all appropriate response actions 

under CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective June 11, 2012 unless EPA 

receives adverse comments by May 14, 

2012. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

online instructions for submitting 

comments. 

• Email: Gladys Beard, NPL Deletion 

Process Manager, at 

beard.gladys@epa.gov or Janet Pope, 

Community Involvement Coordinator, at 

pope.janet@epa.gov. 

• Fax: Gladys Beard, NPL Deletion 

Process Manager, at (312) 697–2077. 

• Mail: Gladys Beard, NPL Deletion 

Process Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–7253; or Janet Pope, 

Community Involvement Coordinator, 


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