[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4785-4788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 162
[Docket No. USCG-2012-0952]
RIN 1625-AB95
Inland Waterways Navigation Regulation: Sacramento River, CA
AGENCY: Coast Guard, DHS.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: By this direct final rule, the Coast Guard is removing the
Decker Island restricted anchorage area in the Sacramento River. The
restricted anchorage area was needed in the past to prevent non-
government vessels from transiting through or anchoring in the United
States Army's tug and barge anchorage zones. The United States Army
relinquished control of the island in 1975, and the restricted
anchorage area is no longer necessary.
DATES: This rule is effective April 23, 2013, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to our online docket via http://www.regulations.gov on or
before March 25, 2013 or reaches the Docket Management Facility by that
date. If an adverse comment, or notice of intent to submit an adverse
comment, is received by March 25, 2013, we will withdraw this direct
final rule and publish a timely notice of withdrawal in the Federal
Register.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0952 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(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
[[Page 4786]]
Federal holidays. The telephone number is 202-366-9329.
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 rule,
email or call Lieutenant Lucas Mancini, Coast Guard District Eleven;
telephone 510-437-3801, email [email protected]. 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 Contents
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Regulatory Information
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. 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.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0952), 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, or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone 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 and
type ``USCG-2012-0952'' in the ``Search'' box and click ``Search.'' On
the line for this docket, click ``Comment.'' 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 them 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.
B. 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 ``USCG-2012-0952'' and click ``Search.'' If you do not have access
to the Internet, you may also view the docket online 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.
C. 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).
D. Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a public meeting to the docket using one of the methods
specified under ADDRESSES. In your request, explain why you believe a
public meeting would be beneficial. If we determine that a public
meeting would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
II. Regulatory Information
We are publishing this direct final rule under 33 CFR 1.05-55
because we do not expect an adverse comment on removal of this unused
anchorage. This rule would remove a restriction that is not currently
needed or enforced. If no adverse comment or notice of intent to submit
an adverse comment is received by March 25, 2013, this rule will become
effective as stated in the DATES section. In that case, approximately
30 days before the effective date, we will publish a document in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if we receive an adverse comment or notice of intent to submit an
adverse comment, we will publish a document in the Federal Register
announcing the withdrawal of all or part of this direct final rule. If
an adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which no adverse comment was
received. We will withdraw the part of this rule that was the subject
of an adverse comment. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
notice of proposed rulemaking (NPRM) and provide a new opportunity for
comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
III. Basis and Purpose
The purpose of this rule is to remove 33 CFR 162.205(c) because the
restricted anchorage described in that paragraph has not been needed or
enforced since the United States Army vacated Decker Island in 1975.
The authority to conduct this rulemaking is found in 33 U.S.C. 1231.
IV. Discussion of the Rule
Prior to 1953 the United States Army acquired 114.02 acres of
Decker Island. The Army used the land for boat landing and storage
activities. The purpose of 33 CFR 162.205(c) was to keep vessels and
other craft not associated with the United States government from
navigating or anchoring within 50 feet of any moored government vessel
in the area. In 1974 the United States Army began to vacate Decker
Island, officially terminating its lease in January of 1975. With the
Army's release of the 114.02 acres of Decker Island the intended use of
the restricted anchorage was no longer needed. We believe that no
member of the public will be adversely affected by
[[Page 4787]]
removal of the restriction. This rule will update the inland waterways
navigation regulations by removing the Decker Island restricted
anchorage.
V. 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.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. For the reasons stated in section IV.,
``Discussion of the Rule,'' this rule does not impose any additional
costs on the public or government.
B. 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. However, when an
agency is not required to publish an NPRM for a rule, the RFA does not
require an agency to prepare a regulatory flexibility analysis. The
Coast Guard was not required to publish an NPRM for this rule for the
reasons stated in section II., ``Regulatory Information,'' and
therefore is not required to publish a regulatory flexibility analysis.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance; please consult Lieutenant Lucas Mancini via the ADDRESSES
section of the rule. 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.
D. 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).
E. 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 have
determined that it does not have implications for federalism.
F. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
M. 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
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 is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(f) of the Instruction. This rule involves
removal of the restricted anchorage area at Decker Island in the
Sacramento River. Under figure 2-1, paragraph (34)(f) of the
Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 162
Navigation (water) and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 162 as follows:
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
1. The authority citation for part 162 continues to read as follows:
[[Page 4788]]
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec. 162.205, remove paragraph (c) consisting of the paragraph
heading and paragraphs (c)(1) and (c)(2).
Dated: January 13, 2013.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2013-01238 Filed 1-22-13; 8:45 am]
BILLING CODE 9110-04-P