[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Proposed Rules]
[Pages 46349-46352]
[FR Doc No: 2012-19003]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0571]
RIN 1625-AA00

Safety Zone; DeStefano Wedding Fireworks Display, Patchogue Bay,
Patchogue, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of Patchogue Bay, in Patchogue, NY for the
DeStefano family wedding fireworks display. This action is necessary to
provide for the safety of life on navigable waters during the event.
Entering into, transiting through, remaining, anchoring or mooring
within this regulated area would be prohibited unless authorized by the
Captain of the Port (COTP) Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast
Guard on or before September 4, 2012.
    Requests for public meetings must be received by the Coast Guard on
or before August 10, 2012.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Graun, Prevention Department, Coast
Guard Sector Long Island Sound,<PHONE_NUMBER>,
<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:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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-2012-0571) 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.

2. 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-2012-0571) 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.

B. Regulatory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory safety
zones.
    This temporary regulation is necessary to ensure the safety of
vessels and spectators from hazards associated with fireworks display.

D. Discussion of Proposed Rule

    This temporary rule proposes to establish a safety zone for the
DeStefano family wedding fireworks display. This proposed regulated
area includes all waters of Patchogue Bay within a 1000 foot radius of
the fireworks barge located 1000 feet south of ``Lombardi's on The
Bay'' restaurant in Patchogue, NY.
    This rule will be effective from 8:30 p.m. on November 3, 2012
through 10:30 p.m. on November 4, 2012.
    The fireworks display is scheduled to occur from 8:30 p.m. until
10:30 p.m. on November 3, 2012. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 8:30 p.m.
until 10:30 p.m. on November 4, 2012.
    Because spectator vessels are expected to congregate around the
location of the fireworks display, this regulated area is necessary to
protect both spectators and participants from the hazards created by
unexpected pyrotechnics detonation, and burning debris. This proposed
rule would temporarily establish a regulated area to restrict vessel
movement around the location of the fireworks display to reduce the
safety risks associated with it.
    To aid the public in identifying the launch platform; fireworks
barges used for this display will have a sign on their port and
starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign will consist
of 10 inch high by 1.5 inch wide red lettering on a white background.

    Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. 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 for the following reasons: The regulated
area will be of limited duration and cover only a small portion of the
navigable waterways. Also, mariners may request permission from the
COTP Sector Long Island Sound or the designated representative to
transit the zone.
    Advanced public notifications will also be made to the local
maritime community through the Local Notice to Mariners as well as
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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 rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated area
during the effective period. The temporary safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The regulated area will be of limited size
and of short duration and mariners may request permission from the COTP
Sector Long Island Sound or the designated representative to transit
the zone. Notifications will be made to the maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the event.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.

3. 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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 rule
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

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

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

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

14. 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
involves establishing a safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting is 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 Part 165 as follows:

PART 165--REGULATED NAVIGATION AREA 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.T01-0571 to read as follows:

Sec.  165.T01-0571  Safety Zones; DeStefano Wedding Fireworks Display,
Patchogue Bay, Patchogue, NY.

    (a) Location. The following area is a safety zone: All waters of
Patchogue Bay within a 1,000-foot radius of the fireworks barge located
off Patchogue, NY in approximate position 40[deg]44'44.47'' N,
073[deg]00'41.25'' W North American Datum 1983.
    (b) Notification. Coast Guard Sector Long Island Sound will cause
notifications to be made to the local maritime community through all
appropriate means such as Local Notice to Mariners or Broadcast Notice
to Mariners well in advance of the event.
    (c) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on November 3, 2012. If the event is postponed due to
inclement weather, then this rule will be enforced from 8:30 p.m. until
10:30 p.m. on November 4, 2012.
    (d) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
    1. Definitions. The following definitions apply to this section:
    i. Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the COTP, Sector Long Island
Sound, to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    ii. Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector Long Island Sound.
    iii. Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    2. Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative
via VHF channel 16 to obtain permission to do so.
    3. Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated area during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector Long Island Sound or designated
representative.
    4. Upon being hailed by a U.S. Coast Guard vessel or the designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed. Failure to comply
with a lawful direction may result in expulsion from the area, citation
for failure to comply, or both.
    5. The COTP Sector Long Island Sound or designated representative
may delay or terminate any marine event in this subpart at any time it
is deemed necessary to ensure the safety of life or property.
    6. Fireworks barges used in this location will have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.

    Dated: July 20, 2012.
H.L. Najarian,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2012-19003 Filed 8-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46258-46260]
[FR Doc No: 2013-18342]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0410]
RIN 1625-AA00

Safety Zone; Upper Mississippi River, Mile 662.8 to 663.9

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, from mile 662.8 to 663.9,
extending the entire width of the river. This safety zone is needed to
protect vessels transiting through the area on the Upper Mississippi
River. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.

DATES: This rule is effective from 8:30 p.m. until 10 p.m. on August
10, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0410 and are available online
by going to http://www.regulations.gov and following the instructions
on that Web site. If you do not have access to the internet, you may
view the docket by visiting 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Colin

Fogarty, Sector Upper Mississippi River Response Department at
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 using the NPRM process. The Coast Guard received notice
from Lansing Lions Club on May 1, 2013, stating that they will be
conduct a barge based fireworks shoot on the Mississippi River.
Completing the NPRM process is impracticable as it would delay the
necessary safety zone required to protect participants and event
personnel from hazards associated with a barge based fireworks shoot on
the Mississippi River. Delaying this rule by completing the NPRM
process is also impracticable as it would interfere with and delay the
planned event and possibly interfere with contractual obligations.
    For the same reasons, 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. Delaying this rule
by providing 30 days notice would be impracticable and contrary to the
public interest because immediate action is needed to protect persons
and property from the possible hazards present during such a high
volume gathering of vessels on the Mississippi River for this event.

B. Basis and Purpose

    On August 10, 2013, the Lansing Lions Club will conduct a barge
based fireworks shoot in the vicinity of mile 662.8 to 663.9 on the
Upper Mississippi River. Anticipated traffic on the river presents
safety hazards to vessels and participants navigating in the vicinity
of mile 662.8 to 663.9. The Captain of the Port determined that a
safety zone is necessary to protect persons and property from these
hazards. The legal basis and authorities for this rule are found in 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; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone for all waters of the
Upper Mississippi River, from mile 662.8 to 663.9, extending the entire
width of the river. Entry into this zone is prohibited to all vessels
and persons except persons and vessels specifically authorized by the
Captain of the Port Upper Mississippi River or designated
representative. This rule is effective on August 10, 2013, from 8:30
p.m. until 10 p.m. for all waters from mile 662.8 to 663.9. The Captain
of the Port Upper Mississippi River will inform the public of changes
to the enforcement period via broadcast notice to mariners and local
notice to mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This 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 that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security. This rule will be in effect for a limited time
period on one day and notifications to the marine community will be
made by local notice to mariners, and subsequent notifications through
broadcast notice to mariners. Deviation from the rule may be requested
and will be considered on a case-by-case basis by the Captain of the
Port or a designated representative. The impacts on routine navigation
are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during the rulemaking. 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 of vessels intending to transit
the Upper Mississippi River, mile 662.8 to 663.9 from 8:30 p.m. until
10 p.m. on August 10, 2013. This safety zone will not have a
significant economic impact on a substantial number of small entities
because this rule will be in effect for a limited time period and
notifications to the marine community will be made by local notice to
mariners, and subsequent notifications through broadcast notice to
mariners. Deviation from the rule may be requested and will be
considered on a case-by-case basis by the Captain of the Port or a
designated representative.
    If you are a small business entity and are significantly affected
by this regulation, please contact LT Colin Fogarty, Sector Upper
Mississippi River Response Department at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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 businesses. 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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
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 rule involves establishing a safety zone, requiring a
permit wherein an analysis of the environmental impact of the
regulations was performed. This rule is categorically excluded, under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination 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

0
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.

0
2. Add Sec.  165.T08-0410 to read as follows:

Sec.  165.T08-0410  Safety Zone; Upper Mississippi River, Mile 662.8 to
663.9.

    (a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, mile 662.8 to 663.9, extending the entire
width of the waterway.
    (b) Effective Date. This rule is effective and enforceable on
August 10, 2013.
    (c) Periods of Enforcement. This rule will be enforced during the
following time period: From 8:30 p.m. until 10 p.m. for all waters from
mile 662.8 to 663.9. The Captain of the Port Upper Mississippi River
will inform the public of the enforcement periods via local notice to
mariners and subsequent changes by broadcast notice to mariners.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River representative may be contacted at 314-
269-2332.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers.

    Dated: July 10, 2013.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2013-18342 Filed 7-30-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Notices]
[Page 13954]
[DOCID:fr14mr08-126]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted regarding the Procedures for
Selecting Lines to be Covered by the Theft Prevention Standard below
has been forwarded to the Office of Management and Budget (OMB) for
review and comment. The ICR describes the nature of the information
collections and their expected burden. The Federal Register Notice with
a 60-day comment period was published on September 19, 2007 (72 FR
53619). The agency received no comments.

DATES: Comments must be submitted on or before April 14, 2008.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Comments Are Invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Departments' estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A comment to OMB is most effective if OMB
receives it within 30 days of publication.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard at the National
Highway Traffic Safety Administration, Office of International Policy,
Fuel Economy and Consumer Programs (NVS-131), 1200 New Jersey Ave.,
SE., West Building, Room W43-439, NVS-131, Washington, DC 20590. Ms.
Ballard's telephone number is<PHONE_NUMBER>. Please identify the
relevant collection of information by referring to its OMB Control
Number.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Procedures for Selecting Lines to be Covered by the Theft
Prevention Standard (49 CFR 542).
    OMB Control Number: 2127-0539.
    Type of Request: Extension of a currently approved information
collection.
    Abstract: Manufacturers of light duty trucks must identify new
model introductions that are likely to be high-theft lines as defined
in 49 U.S.C. 33104. In 1984, Congress enacted the Motor Vehicle Theft
Law Enforcement Act (the 1984 Theft Act). As a means to prevent the
theft of motor vehicles for their parts, the 1984 Theft Act required
vehicle manufacturers to mark the major parts of ``high-theft''
passenger cars and the major replacement parts for those cars. The Anti
Car Theft Act of 1992 (ACTA) amended the 1984 Theft Act to extend its
provisions to multipurpose passenger vehicles (MPVs) and light duty
trucks (LDTs).
    The 1984 Theft Act, as amended by ACTA, requires NHTSA to
promulgate a theft prevention standard for the designation of high-
theft vehicle lines. The specific lines are to be selected by agreement
between the manufacturer and the agency. If there is a disagreement of
the selection, the statute states that the agency shall select such
lines and parts, after notice to the manufacturer and an opportunity
for written comment. NHTSA's procedures for selecting high theft
vehicle lines are contained in 49 CFR Part 542.
    In a final rule published on April 6, 2004, the Federal Motor
Vehicle Theft Prevention Standard was extended to include all passenger
cars and multipurpose passenger vehicles with a gross vehicle weight
rating of 6,000 pounds or less, regardless of whether they were likely
to be high or low theft, and to light duty trucks with major parts that
are interchangeable with a majority of the covered major parts of
multipurpose passenger vehicles. The final rule became effective
September 1, 2006.
    Since the new parts-marking final rule became effective, the number
of petitions requested from manufacturers will increase. NHTSA
anticipates that there are approximately 7 vehicle manufacturers that
will request a theft determination, since the effective date of the
rule, all 7 are still active in the U.S. market and are estimated to
respond on an annual basis. We anticipate this to remain the average
number of yearly responses received by the agency.
    NHTSA estimates that the average hours per submittal will be 45,
for a total annual burden of 315. This decrease from the previous OMB
inventory of 900 hours. NHTSA estimates that the cost associated with
the burden hours is a $57.06 per hour, for a total cost of
approximately $18,000.
    Affected Public: Motor vehicle manufacturers.
    Estimated Total Annual Burden: NHTSA estimates that there would be
no additional cost to motor vehicle manufacturers that would require it
to comply to this regulation.

    Issued on: March 7, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E8-5122 Filed 3-13-08; 8:45 am]

BILLING CODE 4910-59-P