[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21893-21896]
[FR Doc No: 2012-8808]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0200]
RIN 1625-AA00

Safety Zone; International Bridge 50th Anniversary Celebration
Fireworks, St Mary's River, U.S. Army Corps of Engineers Locks, Sault
Sainte Marie, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the
Captain of the Port Sault Sainte Marie zone. This proposed safety zone
is intended to restrict vessels from certain portions of water areas
within Sector Sault Sainte Marie Captain of the Port zone, as defined
by 33 CFR 3.45-45. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.

DATES: Comments and related materials must be received by the Coast
Guard on or before May 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0200 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 proposed
rule, call or email MST3 Kevin Moe, Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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-2012-0200), 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 be 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://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0200'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0200'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one by using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    On the evening of 28 June 2012, The International Bridge
Administration will be celebrating the International Bridge 50th
Anniversary. As part of that celebration, fireworks will be launched
from the northeast pier of the U.S. Army Corp of Engineers Soo Locks.
The Captain of the Port Sault Sainte Marie has determined that the
fireworks event poses various hazards to the public, including
explosive dangers associated with fireworks, and debris falling into
the water.

Discussion of Proposed Rule

    To safeguard against the dangers posed by the International Bridge
50th Anniversary Celebration fireworks, the Captain of the Port Sault
Sainte Marie has determined that a temporary safety zone is necessary.
Thus, the Captain of the Port Sault Sainte Marie proposes to establish
a safety zone on the St. Mary's River to include all waters within a
750-foot radius around the eastern portion of the U.S. Army Corp of
Engineers Soo Locks North East Pier, centered in position:
46[deg]30'19.66'' N, 084[deg]20'31.61'' W.
    This proposed safety zone will be effective and enforced from 10
p.m. until 12 p.m. on June 28, 2012. Entry into, transiting, or
anchoring within the proposed safety zone is prohibited unless
authorized by the Captain of the Port Sector Sault Sainte Marie, or his
on-scene representative. All persons and vessels authorized to enter
the proposed safety zone shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. The Captain of the Port or his on-scene representative
may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this proposed 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 proposed 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 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action because the safety zone will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters in
that vessels may still transit unrestricted portions of the waterways.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port Sault Sainte
Marie.

On the whole, the Coast Guard expects insignificant adverse impact to
mariners from the enforcement of this proposed safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities.
    This proposed rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit around the eastern portion of the U.S. Army Corp
of Engineers Soo Locks North East Pier, Sault Sainte Marie Michigan,
between 10 p.m. and 12 p.m. on June 28, 2012.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reason; this rule will be in effect for only two hours. Vessel traffic
may still safely pass outside the safety zone during the event. In the
event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Sault
Sainte Marie 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact MST3 Kevin Moe,
Prevention Department, Coast Guard Sector Sault Sainte Marie, MI at
(906) 253-2429. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
may disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination

that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. A preliminary environmental analysis checklist supporting
this preliminary determination is available in the docket where
indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone and therefore paragraph (34)(g) of
figure 2-1 applies. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this
proposed rule.

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 proposes
to amend 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 Sec.  165.T09-0200 to read as follows:

Sec.  165.T09-0200  Safety Zone International Bridge 50th Anniversary
Celebration Fireworks, St. Mary's River, U.S. Army Corps of Engineers
Locks, Sault Sainte Marie, MI.

    (a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the St. Mary's River within a 750-foot radius
around the eastern portion of the U.S. Army Corp of Engineers Soo Locks
North East Pier, centered in position: 46[deg]30'19.66'' N,
084[deg]20'31.61'' W [DATUM: NAD 83].
    (b) Effective and Enforcement period. This regulation is effective
and will be enforced from 10 p.m. until 12 p.m. on June 28, 2012.
    (1) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of the safety zone established under this
section.
    (2) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of the
safety zone established by this section via any means that will provide
as much notice as possible to the public. These means might include
some or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port.
    (2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
    (d) Regulations. (1) The general regulations in 33 CFR 165.23
apply.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Sault Sainte Marie or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
    (3) When the safety zone established by this section is being
enforced, all vessels must obtain permission from the Captain of the
Port Sault Sainte Marie or his or her designated representative to
enter, move within, or exit that safety zone. Vessels and persons
granted permission to enter the safety zone shall obey all lawful
orders or directions of the Captain of the Port or his or her
designated representative. While within the safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    (e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.

    Dated: March 28, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-8808 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P


8752 Federal Register / Vol. 68, No. 37 / Tuesday, February 25, 2003 / Notices 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: NESHAP: Benzene Waste Operations ( 40 CFR part 61, subpart FF) ( OMB Control Number 2060   0183, EPA ICR Number 1541.07). This is a request to renew an existing approved collection that is scheduled to expire on February 28, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: Any facility which manages a waste containing benzene must maintain records and submit reports to the Agency. There is a tiered threshold for burden. Facilities managing waste containing less than 1 megagram per year ( Mg/ yr) of benzene must certify to that effect and maintain documentation to support their finding. Facilities managing more than 1 Mg/ yr and less than 10 Mg/ yr of benzene containing waste must prepare an initial certification, test annually to verify that their waste stream still falls within this range, and maintain documentation to support these findings. Facilities managing more than 10 Mg/ yr of waste must submit quarterly and annual reports documenting the results of continuous monitoring. The Agency uses this information to determine compliance and to select plants or processes for inspection. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The monitoring and excess emissions reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information collected from record keeping and reporting requirements is used for targeting inspections, and for other uses in compliance and enforcement programs. Responses to this information collection are deemed to be mandatory, per section 114( a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B   Confidentiality of Business Information ( see 40 CFR part 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 71 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Owners and Operators of Benzene Waste Operations subject to Subpart FF. Estimated Number of Respondents: 234. Frequency of Response: Quarterly, Semi annually. Estimated Total Annual Hour Burden: 16,626. Estimated Total Non labor Annual Cost: $ 0. There is a decrease of 402 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens due to a decrease in the number of regulated sources.

Dated: February 10, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   4372 Filed 2   24   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OA   2003   0003; FRL   7453   9]

Agency Information Collection Activities; Submission of EPA ICR No. 0275.08 ( OMB No. 2090   0014) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 27, 2003. ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Yasmin Yorker, Title VI Team Leader, Office of Civil Rights, ( MC 1201A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202   564   7272; fax number: 202   501   1836; e mail address: Yorker. Yasmin@ epa. gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for VerDate Jan< 31> 2003 14: 36 Feb 24, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 25FEN1. SGM 25FEN1 8753 Federal Register / Vol. 68, No. 37 / Tuesday, February 25, 2003 / Notices review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 27, 2002 ( 67 FR 61087), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. OA   2003   0003, which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the OEI Docket is ( 202) 566   1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to oei. docket@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance ( OMB Control No. 2090   0014, EPA ICR Number 0275.08). This is a request to renew an existing approved collection that is scheduled to expire on 02/ 28/ 2003. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: The information request and gathering is a part of the requirement of 40 CFR Part 7, `` Nondiscrimination in Programs Receiving Federal Assistance from the Environmental Protection Agency,'' at 40 CFR 7.80. The Regulation implements statutes which prohibit discrimination on the basis of race, color, national origin, sex and handicap. This information is also required, in part, by the Department of Justice regulation, 28 CFR 42.406 and 28 CFR 42.407. The information is collected on a short form for grant and loan applicants as part of the application process. The EPA Director of Civil Rights manages the data collection through a regional component whom also carries out the data analysis and makes the recommendation on the respondent's ability to meet the requirements of the regulation, as well as the respondent's current compliance with the regulation. The information and analysis is of sufficient value for the Director to determine whether the application is in compliance with the regulation. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and record keeping burden for this collection of information is estimated to average 1  2 hour per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: State, local, and tribal governments; universities, associations; and nonprofit organizations. Estimated Number of Respondents: 13,100. Frequency of Response: Occasionally. Estimated Total Annual Hour Burden: 6,550. Estimated Total Annual Cost: $ 94,451, includes $ 0 annualized capital or O& M costs.

Dated: February 11, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   4373 Filed 2   24   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OW   2003   0004; FRL   7454   1]

Agency Information Collection Activities; Submission of EPA ICR No. 1569.05 ( OMB No. 2040   0153) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency. ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Approval of State Coastal Nonpoint Pollution Control Programs ( CZARA Section 6217). The ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 27, 2003. ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Stacie Craddock, Assessment and Watershed Protection Division, Office of Wetlands, Oceans, and Watersheds ( 4503   T), Environmental Protection VerDate Jan< 31> 2003 14: 36 Feb 24, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 25FEN1. SGM 25FEN1


OMB Control Number 2070-0173; EPA ICR Number 2327.02

ICR ATTACHMENT 11

Derivation of Industry Wage Rates

and Agency Costs

1.  DERIVATION OF INDUSTRY WAGE RATES

This attachment provides a brief discussion of the methods that were used to derive the final “fully loaded” wages used in the calculation of quantified costs.  Base hourly wages for relevant labor categories were loaded with factors for benefits and overhead to derive a loaded hourly rate.   The derivation of fully loaded wages in year 2007 dollars, for each of the labor categories used in this ICR, is discussed in Section 1 and is summarized in Table 4-1.

The basic method used to derive loaded wage rates for technical, managerial, and clerical personnel is described more fully in Wage Rates for Economic Analysis of the Toxics Release Inventory Program (EPA, 2002).

December 2007 average wages for technical, managerial, and clerical labor were taken from the Employer Costs for Employee Compensation (ECEC) report from the Bureau of Labor Statistics for all goods-producing, private industries, white collar occupations (BLS, 2007).

The additional cost of benefits, such as paid leave and insurance (“fringe benefits”), specific to each labor category, is also taken from the same BLS series.  Fringe benefit as a percentage of wage is then calculated separately for each labor category.  For example, the average wage rate in December 2007 for technical labor was $32.52, and the average fringe benefit was 40.9 percent of the wage, or $13.30.  An additional loading factor of 17 percent is applied to wages for overhead.  This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage.  The fully loaded wage for technical labor, for example, is $33.25 x (1+0.409 + 0.17) = $33.25 x (1.611) = $51.35.  Fully loaded costs for managerial and clerical labor were calculated in a similar manner.Table 4-1. Derivation of Loaded Wage Rates

Labor Category

Data Sources

Uninflated wages and fringes / hour

Fringe benefits as % of wage

Over-

head as % of wage1

Fringe + Overhead factor

Loaded Wage Rate

(2007$)

Date

Wages

($)

Fringe benefits

($)

Managerial

BLS Employer Costs for Employee Compensation.  Private industry, goods-producing industries, white collar occupations. Management, business and financial [BLS, 2007]

Dec.

2007

$36.44

$16.07

44.1%

17%

1.579

$58.71

Technical

BLS Employer Costs for Employee Compensation. Private industry, goods-producing industries, white collar occupations. Professional and related. [BLS, 2007]

Dec 2007

$32.52

$13.30

40.9%

17%

1.611

$51.35

Clerical

BLS Employer Costs for Employee Compensation.  Private industry, goods-producing industries, white collar occupations. Office and administrative support.[BLS, 2007]

Dec

2007

$15.78

$8.28

44.9%

17%

1.619

$25.54

1An overhead rate of 17 percent applied to wages is used for consistency with recent EPAB economic analyses for two major rulemakings: Wage Rates for Economic Analyses of the Toxics Release Inventory Program, June 10, 2002, and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report, August 2002.

Note: Calculations are based on unrounded values, so the total may not equal the product of the rounded factors.

2.  AGENCY COSTS

EPA’s costs to review and process industry submissions (SNUNs, requests to modify SNUR, and requests for equivalency determination) are assumed to be the same as EPA costs to review PMNs.  The previous ICR calculated an average of the annual salaries for GS-12 Steps 1 and 10 for Washington, DC.   However, to be consistent with the New Chemicals ICR and the Economic Analysis for the proposed e-PMN rule, Agency wage rate data used to calculate labor costs were gathered from the U.S. Office of Personnel Management Salary Table 2007-DCB, for a GS-13, step 5 employee in the Washington, D.C. (OPM, 2008).   A loading factor of 1.6 was applied to the base salary of $89,985 to arrive at the 2007 loaded salary of $143,976. The final loaded hourly wage of $69.22 was calculated by dividing the loaded salary by the 2,080 hours associated with a full-time employee to arrive at the 2007 loaded wage rate of $143,976. This loaded hourly wage was used in calculations of Agency cost.

Examples of the activities EPA undertakes in reviewing and processing SNUNs include prenotice consultation; conducting an administrative prescreen, and processing the notice and user fee; conducting engineering/exposure and exposure/fate reviews; holding internal decision-making meetings; developing, negotiating, and then reviewing data submitted from a consent order; and reviewing Notices of Commencement.

EPA uses extramural contractor labor to assist in some of the SNUN-related activities.  The cost of extramural labor in this process is estimated to be $814 for SNUNs submitted via CDX, and $975 for non-CDX submissions. The non-CDX extramural cost is from the  Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances, EPA ICR No: 0574.12, OMB Control No.: 2070-0012.  It was updated to 2007$ using the Bureau of Labor Statistics Producer Price Index data for the chemical manufacturing industry (BLS series 325).

 PAGE  1


[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54727-54728]
[FR Doc No: 2019-22164]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0028; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2014 Ferrari LaFerrari Passenger Cars Are Eligible for
Importation

AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces the National Highway Traffic Safety
Administration (NHTSA) receipt of a petition for a decision that model
year (MY) 2014 Ferrari LaFerrari (also known as the Ferrari F150)
passenger cars (PCs) that were not originally manufactured to comply
with all applicable Federal motor vehicle safety standards (FMVSS), are
eligible for importation into the United States because they are
substantially similar to vehicles that were originally manufactured for
sale in the United States and that were certified by their manufacturer
as complying with the safety standards (the U.S.-certified version of
the 2014 Ferrari LaFerrari PCs) and are capable of being readily
altered to conform to the standards.

DATES: The closing date for comments on the petition is November 12,
2019.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard along with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same MY as the
model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
of each petition that it receives in the Federal Register, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    J.K. Technologies, LLC, (Registered Importer R-90-006), of
Baltimore, Maryland has petitioned NHTSA to decide whether
nonconforming 2014 Ferrari LaFerrari PCs are eligible for importation
into the United States. The vehicles which J.K. Technologies believes
are substantially similar are MY 2014 Ferrari LaFerrari PCs sold in the
United States and certified by their manufacturer as conforming to all
applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2014
Ferrari LaFerrari PCs to their U.S. certified counterparts, and found
the vehicles to be substantially similar with respect to compliance
with most FMVSS.
    J.K. Technologies submitted information with its petition intended
to demonstrate that non-U.S. certified MY 2014 Ferrari LaFerrari PCs,
as originally manufactured, conform to many

applicable FMVSS in the same manner as their U.S.-certified
counterparts, or are capable of being readily altered to conform to
those standards. Specifically, the petitioner claims that the non-U.S.
certified MY 2014 Ferrari LaFerrari PCs, as originally manufactured,
conform to: FMVSS Nos. 102, Transmission Shift Position Sequence,
Starter Interlock, and Transmission Braking Effect, 103, Windshield
Defrosting and Defogging Systems, 104, Windshield Wiping and Washing
Systems, 105, Hydraulic and Electric Brake Systems, 106, Brake Hoses,
113, Hood Latch System, 114, Theft Protection and Rollaway Prevention,
116, Motor Vehicle Brake Fluids, 118, Power-Operated Window, Partition,
and Roof Panel System, 124, Accelerator Control Systems, 126,
Electronic Stability Control Systems, 135, Light Vehicle Brake Systems,
138, Tire Pressure Monitoring Systems, 139, New Pneumatic Radial Tires
for Light Vehicles, 201, Occupant Protection in Interior Impact, 202,
Head Restraints; Applicable at the Manufacturers Option until September
1, 2009, 203, Impact Protection for the Driver from the Steering
Control System, 204, Steering Control Rearward Displacement, 205,
Glazing Materials, 206, Door Locks and Door Retention Components, 207,
Seating Systems, 209, Seat Belt Assemblies, 210, Seat Belt Assembly
Anchorages, 212, Windshield Mounting, 213, Child Restraint Systems,
214, Side Impact Protection, 216, Roof Crush Resistance; Applicable
unless a Vehicle is Certified to Sec.  571.216a, 219, Windshield Zone
Intrusion, 225, Child Restraint Anchorage Systems, and 302,
Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified
vehicles are capable of being readily altered to meet the following
FMVSS, in the manner indicated:
    FMVSS No. 101, Controls and Displays: Programming of the body
electronic control unit, instrument cluster, and front gateway. FMVSS
No. 108, Lamps, Reflective Devices and Associated Equipment:
Installation of the wiring harness for the U.S. side marker lights
which are standard but not working in the Ferrari La Ferrari,
programming to activate the U.S. lighting programs systems, replacement
of front and rear side markers, replacement of headlamps, and
replacement of the taillamps. FMVSS No. 110, Tire Selection and Rims
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or Less: installation of the required tire information placard.
FMVSS No. 111, Rear Mirrors: Inscription of the required warning
statement on the face of the passenger mirror. FMVSS No. 201, Occupant
Protection in Interior Impact: Replacement of sun visors, windscreen
pillar trim, ``A'' pillar trim, and rear bulkhead trim. FMVSS No. 208,
Occupant Crash Protection: Replacement of passenger air bag warning
light, air bag control unit, passenger seat, body harness, child seat
restraint latch, knee guard, passenger footrest, under-seat mat,
underbody water return pipes, and programming to activate safety
restraint system airbag control module. FMVSS No. 301, Fuel System
Integrity: Replacement of cap, air filter boxes, and air filter.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle, near the left windshield pillar,
to meet the requirements of 49 CFR part 565, as well as, a reference
and certification label added to the left front door post area to meet
the requirements of 49 CFR part 567. An owner's manual and all other
information manuals must be replaced with the United States original
equipment manufacturer manuals to meet the requirements of 49 CFR part
575. The front and rear bumpers must be modified or changed to meet the
requirements of 49 CFR part 581.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-22164 Filed 10-9-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Proposed Rules]
[Pages 30242-30245]
[FR Doc No: 2012-12317]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0352]
RIN 1625-AA00

Safety Zone; City of Tonawanda July 4th Celebration, Niagara
River, Tonawanda, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the Niagara River, Tonawanda, NY. This proposed rule is intended to
restrict vessels from a portion of the Niagara River during the City of
Tonawanda July 4th Celebration fireworks display. The safety zone
established by this proposed rule is necessary to protect spectators,
participants, and vessels from the hazards associated with firework
display.

DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0352 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 proposed
rule, call or email LT Christopher Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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-2012-0352), 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 be 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://www.regulations.gov,
type the docket number USCG-2012-0352 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received

during the comment period and may change the rule based on your
comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0352 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Between 9:15 p.m. and 9:45 p.m. on July 4, 2012 a fireworks display
will take place on the Niagara River near Tonawanda-Tonawanda Island,
NY. The Captain of the Port Buffalo has determined that fireworks
launched proximate to watercraft presents significant hazards to public
spectators and participants. Such hazards include premature
detonations, dangerous detonations, dangerous projectiles, and falling
or burning debris.

Discussion of Proposed Rule

    The proposed safety zone would be effective and enforced from 8:45
p.m. until 10:15 p.m. on July 4, 2012. The proposed safety zone would
encompass all waters of Niagara River, Tonawanda, NY within a 1400 FT
radius of position 43[deg]01'39.59'' N and 78[deg]53'07.48'' W (NAD
83).
    Entry into, transiting, or anchoring within the proposed safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
    We believe this proposed temporary safety zone is necessary to
ensure the safety of spectators and vessels during the City of
Tonawanda July 4th Celebration.

Regulatory Analyses

    We developed this proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed 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 proposed rule will be relatively small and enforced for
relatively short time. Also, the safety zone is designed to minimize
its impact on navigable waters. Furthermore, the safety zone has been
designed to allow vessels to transit around it. 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed temporary final rule may affect the following
entities, some of which might be small entities: the owners of
operators of vessels intending to transit or anchor in a portion of the
Niagara River near Tonawanda-Tonawanda Island, New York between 8:45
p.m. to 10:15 p.m. on July 4, 2012.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: this proposed rule will be in effect for only 90 minutes and
the proposed safety zone will allow vessels to move freely around the
safety zone on the Niagara River. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed rule would have a significant economic impact on
it, please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector
Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction. Because it involves the establishment of a safety zone.
    A preliminary environmental analysis checklist and a preliminary
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

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 proposes
to amend 33 CFR parts 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. Chapters 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 Sec.  165.T09-0352 to read as follows:

Sec.  165.T09-0352  Safety Zone; City of Tonawanda July 4th
Celebration, Niagara River, Tonawanda, NY.

    (a) Location. The safety zone will encompass all waters of the
Niagara River, Tonawanda, NY within a 1400 FT radius of position
43[deg]01'39.59'' N and 78[deg]53'07.48'' W (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 4, 2012 from 8:45 p.m. until 10:15 p.m.
    (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 Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf. The on-scene representative of the Captain of the Port Buffalo
is any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port Buffalo to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene 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 Buffalo, or his on-scene representative.

    Dated: May 3, 2012.
S. M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-12317 Filed 5-21-12; 8:45 am]
BILLING CODE 9110-04-P