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Code · REGISTER · 2012-03-12 · PROPOSED RULES · Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, · Unknown

Unknown. Temporary final rule

4,159 words·~19 min read·/register/2012/03/12/2012-5858

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-03-12.xml --- 77 48 Monday, March 12, 2012 Contents Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, and Delegations of Authority, 14525-14527 2012-5862 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14527-14528 2012-5835 Coast Guard Coast Guard RULES Safety Zones:
Festival of States 2012 Night Parade Fireworks Display, Tampa Bay, St. Petersburg, FL, 14471-14473 2012-5858 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14507 2012-5807 Privacy Act; Systems of Records, 14507 2012-5875 Council Environmental Council on Environmental Quality RULES Final Guidance on Improving Process for Preparing Efficient and Timely Environmental Reviews, etc., 14473-14480 2012-5812 NOTICES Guidance on Federal Greenhouse Gas Accounting and Reporting;
Revision, 14507-14508 2012-5931 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Commercial Determination Approval, 14480-14481 2012-5761 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Alleged Crimes By or Against Contractor Personnel, 14490-14492 2012-5759 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Petroleum Reduction and Alternative Fuel Consumption Requirements for Federal Fleets, 14482-14490 2012-5876 NOTICES State Energy Program and Energy Efficiency and Conservation Block Grant Program, 14509-14510 2012-5877 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans:
Arkansas; Regional Haze State Implementation Plan, etc., 14604-14677 2012-4493 NOTICES Meetings: Children's Health Protection Advisory Committee, 14519 2012-5881 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality Federal Aviation Federal Aviation Administration NOTICES Manufacturers of Alternative Fuel Vans; Request for Information, 14583-14584 2012-5806 Meetings: RTCA Special Committee 217, EUROCAE Working Group 44, Terrain and Airport Mapping Databases, 14584 2012-5808 Passenger Facility Charge Approvals and Disapprovals, 14584-14586 2012-5826 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 14519-14522 2012-5897 2012-5898 Federal Election Federal Election Commission NOTICES Procurement Division FY 2011 Service Contract Inventory; Availability, 14522 2012-5866 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 14510-14514 2012-5900 2012-5901 2012-5902 2012-5903 2012-5904 Complaints and Petitions for Declaratory Orders: TGP Granada, LLC v. Public Service Co. of New Mexico, Tortoise Capital Resources Corp., 14514 2012-5846 Filings:
Bay Gas Storage, LLC, 14514 2012-5841 Mahannah, Randy, 14515 2012-5843 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Camden County Energy Recovery Associates, LP, 14515 2012-5847 Petitions for Rate Approvals: New Mexico Gas Co., Inc., 14515-14516 2012-5849 Preliminary Permit Applications: Lock+ Hydro Friends Fund VII, 14516 2012-5848 Proposed Revised Restricted Service List: Alabama Power Co., Martin Dam Hydroelectric Project, 14516-14517 2012-5842 Requests under Blanket Authorization:
Southern Star Central Gas Pipeline, Inc., 14517 2012-5845 Staff Attendances: MISO Meetings, 14517-14519 2012-5844 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Kittitas County, WA, 14586-14587 2012-5865 Federal Trade Federal Trade Commission NOTICES Analysis of Agreements Containing Consent Orders: Western Digital Corp., 14523-14525 2012-5851 Federal Transit Federal Transit Administration NOTICES FY 2012 Discretionary Livability Funding Opportunity:
Alternatives Analysis Program, 14587-14590 2012-5895 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Guide Service Evaluation, 14565-14566 2012-5882 Approval Procedures for Nontoxic Shot and Shot Coatings, 14564-14565 2012-5878 Horseshoe Crab Tagging Program, 14562-14564 2012-5879 Food and Drug Food and Drug Administration NOTICES Meetings: Arthritis Advisory Committee, 14529-14530 2012-5818 Preparation for International Conference on Harmonization Steering Committee and Expert Working Group Meetings in Fukuoka, Japan, 14528-14529 2012-5857 Foreign Assets Foreign Assets Control Office NOTICES Blocked Persons and Property:
Additional Designations, Foreign Narcotics Kingpin Designation Act, 14592-14593 2012-5833 Additional Identifying Information for Individual, Foreign Narcotics Kingpin Designation Act, 14594-14596 2012-5829 Designation of One Individual Pursuant to Executive Order 13224, 14597-14598 2012-5828 Identification of Entity Pursuant to Syria Executive Order 13582, 14592 2012-5814 Supplemental Identification Information for Thirteen Individuals and One Entity Designated Pursuant to Executive Order 13224, 14596-14597 2012-5821 Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 12978, 14593-14594 2012-5834 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganizations and Expansions Under Alternative Site Framework:
Foreign-Trade Zone 77; Memphis, TN Area, 14493 2012-5914 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14566-14567 2012-5867 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S.
Customs and Border Protection Housing Housing and Urban Development Department NOTICES Funding Awards: Family Unification Program Fiscal Year 2010, 14538-14540 2012-5885 Fiscal Year 2009 Rental Assistance for Non-Elderly Persons with Disabilities, 14536-14538 2012-5884 Fiscal Year 2011 Housing Choice Voucher Family Self-Sufficiency Program, 14546-14558 2012-5890 Fiscal Year 2011 Public and Indian Housing Resident Opportunity and Self-Sufficiency Service Coordinators Program, 14558-14561 2012-5888 Public and Indian Housing Family Self-Sufficiency Program.
Fiscal Year 2011, 14540-14546 2012-5887 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service NOTICES Meetings: 21st Century Conservation Service Corps Advisory Committee, 14561 2012-5891 Tribal Consultation Sessions: Administrative Organizational Assessment Draft Report, Organizational Streamlining of BIA and BIE, 14561-14562 2012-5870 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 14598-14600 2012-5831 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 14501-14504 2012-5937 Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 14495-14499 2012-5939 Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, 14499-14500 2012-5915 Polyethylene Terephthalate Film, Sheet, and Strip from India, 14501 2012-5894 Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China, 14493-14495 2012-5936 Consolidated Decisions on Applications for Duty-Free Entries of Electron Microscopes:
Max Planck Florida Institute, et al., 14504 2012-5934 Decision on Applications for Duty-Free Entry of Scientific Instruments: University of California, Davis, et al., 14504-14505 2012-5917 International Trade Com International Trade Commission NOTICES Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, 14568-14569 2012-5916 Land Land Management Bureau NOTICES Meetings: Grand Staircase-Escalante National Monument Advisory Committee, 14567 2012-5892 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Exclusive Licenses, 14569-14570 2012-5860 National Credit National Credit Union Administration NOTICES Meetings;
Sunshine Act, 14570 2012-6005 National Foundation National Foundation on the Arts and the Humanities NOTICES National Endowment for the Humanities FY 2011 Service Contract Inventory; Availability, 14570 2012-5836 National Highway National Highway Traffic Safety Administration NOTICES Meetings: National Emergency Medical Services Advisory Council; Correction, 14590-14591 2012-5839 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Environmental Science Formative Research Methodology Studies for National Children's Study, 14530-14531 2012-5946 Web-Based Assessment of the NHLBI Clinical Studies Support Center, 14531-14533 2012-5918 Meetings: Center for Scientific Review, 14533-14534 2012-5930 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 14533 2012-5932 National Heart, Lung, and Blood Institute, 14533 2012-5928 National Institute of Mental Health, 14534 2012-5929 National Institute of Neurological Disorders and Stroke, 14534 2012-5922 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:
Summer Flounder Fishery; Quota Transfer, 14481 2012-5921 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gear-Marking Requirement for Atlantic Large Whale Take Reduction Plan, 14505 2012-5800 Environmental Impact Statements; Availability, etc.: New England Fishery Management Council, 14505-14506 2012-5919 Meetings: Marine Recreational Fisheries of U.S.; Southeast Data, Assessment, and Review, 14506 2012-5810 Taking and Importing of Marine Mammals, 14506-14507 2012-5920 National Park National Park Service NOTICES Environmental Impact Statements;
Availability, etc.: Ice Age Complex at Cross Plains, Cross Plains, WI, 14567-14568 2012-5889 Pinnacles National Monument, San Benito and Monterey Counties, CA, 14568 2012-5852 National Science National Science Foundation NOTICES Meetings: Advisory Panel for Integrative Activities, #1373, 14570-14571 2012-5861 Waste Regulation; Correction, 14571 2012-5874 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 14508 2012-5868 Granting of Exclusive Patent Licenses:
MHM Technologies, LLC, 14508-14509 2012-5869 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 14571 2012-6043 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14571-14572 2012-5854 2012-5855 2012-5856 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 14576-14578 2012-5905 ICE Clear Credit LLC, 14578-14579 2012-5872 Municipal Securities Rulemaking Board, 2012-5906 14572-14576 2012-5907 NYSE Amex LLC, 14579-14580 2012-5853 Temporary Exemptions from Conflict of Interest Prohibition of the Securities Exchange Act:
Morningstar Credit Ratings, LLC, 14580-14581 2012-5830 State Department State Department NOTICES Meetings: Cultural Property Advisory Committee, 14581-14582 2012-5909 Proposal to Extend Agreement with Republic of Mali: Import Restrictions on Archaeological Material from the Paleolithic Era to Mid-Eighteenth Century, 14583 2012-5910 Proposal to Extend Memorandum of Understanding with Republic of Guatemala: Import Restrictions on Archaeological Objects and Materials from Pre-Columbian Cultures, 14583 2012-5911 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
BNSF Railway Co. in Page and Fremont Counties, IA, 14591 2012-5780 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See United States Mint NOTICES Meetings: Federal Advisory Committee on Insurance, 14591-14592 2012-5935 U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14535 2012-5893 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Use the Automated Commercial Environment, 14535-14536 2012-5840 U.S. Mint United States Mint NOTICES Pricing for 2012 Kennedy Half-Dollar Bags and Rolls, Bronze Medals, the First Spouse Bronze Medal Set and the Birth Set, 14600 2012-5871 Veteran Affairs Veterans Affairs Department NOTICES Fiscal Year 2011 Service Contract Inventory;
Availability, 14600-14601 2012-5927 Separate Parts In This Issue Part II Environmental Protection Agency, 14604-14677 2012-4493 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 48 Monday, March 12, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No.
USCG-2012-0110] RIN 1625-AA00 Safety Zone; Festival of States 2012 Night Parade Fireworks Display, Tampa Bay, St. Petersburg, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay in St. Petersburg, Florida during Festival of States 2012 Night Parade Fireworks Display on Thursday, March 22, 2012. The safety zone is necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States.
Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative. DATES: This rule is effective from 8 p.m. until 10 p.m. on March 22, 2012. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2012-0110 and are available online by going to *http://www.regulations.gov,* inserting USCG-2012-0110 in the “Keyword” box, and then clicking “Search.
” They are also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Marine Science Technician Second Class Chad R. Griffiths, Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813)228-2191, email *D07-SMB-Tampa-WWM@uscg.mil.* If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone
(202)366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act
(APA)(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking
(NPRM)with respect to this rule because the Coast Guard did not receive notice of the fireworks display with sufficient time to publish an NPRM and to receive public comments prior to the fireworks display. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to the public during the fireworks display. For the same reason discussed above, under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Basis and Purpose The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The purpose of the rule is to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Discussion of Rule On Thursday, March 22, 2012, the Festival of States 2012 Night Parade Fireworks Display is scheduled to take place in St. Petersburg, Florida. The fireworks will be launched from Spa Beach, and the fireworks will explode over Tampa Bay. The fireworks display is scheduled to commence at 8:45 p.m. and conclude at approximately 9:45 p.m. The temporary safety zone encompasses certain waters of Tampa Bay in St. Petersburg, Florida. The safety zone will be enforced from 8 p.m. on March 22, 2012, 45 minutes prior to the scheduled commencement of the fireworks display at approximately 8:45 p.m., to ensure the safety zone is clear of persons and vessels. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative. Persons and vessels desiring to enter, transit through, anchor in, or remain within the safety zone may contact the Captain of the Port St. Petersburg by telephone at
(727)824-7524, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review Executive Orders 13563, Improving Regulation and Regulatory Review, and 12866, Regulatory Planning and Review, direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation under Executive Order 12866. The economic impact of this rule is not significant for the following reasons:
(1)The safety zone will be enforced for only two hours;
(2)vessel traffic in the area will be minimal during the enforcement period;
(3)although persons and vessels will not be able to enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port St. Petersburg or a designated representative, they may operate in the surrounding area during the enforcement period;
(4)persons and vessels may still enter, transit through, anchor in, or remain within the safety zone if authorized by the Captain of the Port St. Petersburg or a designated representative; and
(5)the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of Tampa Bay encompassed within the safety zone from 8 p.m. until 10 p.m. on March 22, 2012. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This rule involves establishing a temporary safety zone that will be enforced for only two hours. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 165.T07-0110 to read as follows: § 165.T07-0110 Safety Zone; Festival of States 2012 Night Parade Fireworks Display, Tampa Bay, St. Petersburg, FL.
(a)*Regulated Area.* The following regulated area is a safety zone: All waters of Tampa Bay within a 375 yard radius of position 27°46′31″ N, 82°37′38″ W. All coordinates are North American Datum 1983.
(b)*Definition.* The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port St. Petersburg in the enforcement of the regulated area.
(c)*Regulations.*
(1)All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative.
(2)Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port St. Petersburg by telephone at
(727)824-7524, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative.
(3)The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.
(d)*Effective Date.* This rule is effective from 8 p.m. until 10 p.m. on March 22, 2012. Dated: February 21, 2012. S.L. Dickinson, Captain, U.S. Coast Guard, Captain of the Port. [FR Doc. 2012-5858 Filed 3-9-12; 8:45 am]
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