
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64718-64720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26002]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0939]
RIN 1625-AA00


Safety Zone; Steam Ship Col. James M. Schoonmaker Relocation 
Project, Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone on the 
waters of Maumee River, Toledo, Ohio, in support of the relocation of 
S/S Col. James M. Schoonmaker (hereinafter referred to as `the 
Schoonmaker'). This temporary safety zone will encompass all waters of 
the Maumee River within a 100 yard radius of the Schoonmaker as it 
makes its transit from International Park to Skyway Marina. This 
temporary Safety Zone is necessary to protect persons operating around 
the area.

DATES: This regulation is effective from 10:00 a.m. on October 27, 2012 
until 4:00 p.m. on November 3, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0939 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0195 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Mallorie Schell, Prevention Department, MSU Toledo, 
Coast Guard; telephone (419) 418-6030, email 
Mallorie.G.Schell@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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 publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. Although the Coast Guard has known 
about the relocation of the Schoonmaker for several weeks, only 
recently did the Coast Guard become aware of an expected high volume of 
spectator vessel traffic. Consequently, the need for this safety zone 
was not identified until there was insufficient time to allow a full 
comment period to run. Thus, waiting for a comment period to run prior 
to enforcing this safety zone would inhibit the Coast Guard's ability 
to protect the public and vessels from the hazards associated with the 
heightened spectator activity associated with the relocation of the 
Schoonmaker.
    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. For the same reasons discussed 
above about not publishing an NPRM, the Coast Guard finds that waiting 
for a 30 day notice period to run would be impracticable and contrary 
to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The Great Lakes Historical Society (GLHS) is relocating the 
Schoonmaker from International Park to Skyway Marina. This relocation 
is scheduled for October 27, 2012. If the relocation of the vessel on 
October 27 is cancelled for any reason, this safety zone will be 
effective and enforced from 10:00 a.m. until 4:00 p.m. on October 28, 
2012. Likewise, if relocation on October 28th is cancelled, this safety 
zone will be effective and enforced from 10:00 a.m. until 4:00 p.m. on 
November 3, 2012. In light of the expected volume of spectator 
activity, the Captain of the Port Detroit has determined that this 
operation could pose certain public hazards, such as the increased risk 
of collisions.

C. Discussion of Rule

    With aforementioned hazards in mind, the Captain of the Port 
Detroit has determined that a safety zone is necessary to ensure the 
safety of participants and vessels during the operation. The temporary 
safety zone established herein will be effective and enforced from 
10:00 a.m. until 4:00 p.m. on October 27, 2012. If the relocation of 
the vessel on October 27 is cancelled for any reason, this safety zone 
will be effective and enforced from 10:00 a.m. until 4:00 p.m. on 
October 28, 2012. Likewise, if relocation on October 28 is cancelled, 
this safety zone will be effective and enforced from 10:00 a.m. until 
4:00 p.m. on November 3, 2012.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Sector Detroit 
or his designated on scene representative. The Captain of the Port, 
Sector Detroit or his designated on scene representative may be 
contacted via VHF Channel 16. All persons and vessels allowed to enter 
the safety zone shall comply with the instructions of the Coast Guard 
Captain of the Port, designated on scene patrol personnel, or operation 
personnel.

D. Regulatory Analyses

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

[[Page 64719]]

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 these Orders. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this 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 temporary safety zone 
created by this rule will be relatively small and enforced for a 
relatively short time. Also, the temporary safety zone is designed to 
minimize its impact on navigable waters. Furthermore, the temporary 
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 temporary safety zone.

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 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 
through the Maumee River, OH between 10:00 a.m. and 4:00 p.m. on 
October 27 or 28 or November 3, 2012.
    This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: this rule will be in effect for only approximately six hours. 
In the event that this temporary safety zone affects shipping, 
commercial vessels may request permission from the Captain of the Port, 
Sector Detroit to transit through the safety zone. The Coast Guard will 
give notice to the public via a Broadcast Notice to Mariners that the 
regulation is in effect.

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 this 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 
section 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 business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

7. Taking of Private Property

    This rule will 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

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

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 a safety zone and, therefore, it is 
categorically excluded from further review under paragraph (34)(g) 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

[[Page 64720]]

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. 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.


0
2. Add Sec.  165.T09-0939 as follows:


Sec.  165.T09-0939  Safety Zone; Steam Ship Col. James M. Schoonmaker 
relocation project, Maumee River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Maumee River within a 100 yard radius of the S/S Col. 
James M. Schoonmaker as it makes its transit from International Park at 
position 41[deg]38'30.00'' N; 083[deg]31'55.50'' W to Skyway Marina at 
approximate position 41[deg]39'26.30'' N; 083[deg]30'55.25'' W. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
from 10:00 a.m. on October 27, 2012 until 4:00 p.m. on November 3, 
2012. It will be enforced from 10:00 a.m. until 4:00 p.m. on October 
27, 2012. If the relocation of the vessel on October 27 is cancelled 
for any reason, this safety zone will be effective and enforced from 
10:00 a.m. until 4:00 p.m. on October 28, 2012. Likewise, if a 
relocation on October 28 is cancelled, this safety zone will be 
effective and enforced from 10:00 a.m. until 4:00 p.m. on November 3, 
2012.
    (c) Definitions. The following definitions apply to this section:
    (1) ``On-scene Representative'' means any Coast Guard Commissioned, 
warrant, or petty officer designated by the Captain of the Port Detroit 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) ``Public vessel'' means vessels owned, chartered, or operated 
by the United States, or by a State or political subdivision thereof.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative. All persons and vessels must comply with the 
instructions of the Coast Guard Captain of the Port or his 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) All vessels must obtain permission from the Captain of the Port 
or his designated representative to enter, move within, or exit the 
safety zone established in this section when this safety zone is 
enforced. Vessels and persons granted permission to enter the safety 
zone must obey all lawful orders or directions of the Captain of the 
Port or a designated representative. While within a safety zone, all 
vessels must operate at the minimum speed necessary to maintain a safe 
course.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.

    Dated: October 11, 2012.
D.V. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2012-26002 Filed 10-22-12; 8:45 am]
BILLING CODE 9110-04-P


