Safety Zone; Upper Mississippi River, Mile 427.2 to 427.6, Keithsburg, IL, 44755-44757 [E9-20861]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
Executive Order 13132, ‘‘Federalism’’
This rule has been examined for its
impact under E.O. 13132. It does not
contain policies that have federalism
implications that would have
substantial direct effects 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; therefore,
consultation with State and local
officials is not required.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
Accordingly, 32 CFR Part 199 is
amended as follows:
■
PART 199—[AMENDED]
1. The authority citation for Part 199
continues to read as follows:
■
Authority: 5 U.S.C. 301; 10 U.S.C. Chapter
55.
2. In § 199.2, paragraph (b) is amended
by adding a definition for ‘‘CAHs’’ in
alphabetical order to read as follows:
■
§ 199.2
Definitions.
*
*
*
*
*
(b) * * *
CAHs. A small facility that provides
limited inpatient and outpatient
hospital services primarily in rural areas
and meets the applicable requirements
established by § 199.6(b)(4)(xvi).
*
*
*
*
*
■ 3. Section 199.6 is amended by adding
new paragraph (b)(4)(xvi).
sroberts on DSKD5P82C1PROD with RULES
§ 199.6
TRICARE—authorized providers.
(b) * * *
(4) * * *
(xvi) CAHs. CAHs must meet all
conditions of participation under 42
CFR 485.601 through 485.645 in relation
to TRICARE beneficiaries in order to
receive payment under the TRICARE
program. If a CAH provides inpatient
psychiatric services or inpatient
rehabilitation services in a distinct part
unit, these distinct part units must meet
the conditions of participation in 42
CFR 485.647, with the exception of
being paid under the inpatient
prospective payment system for
psychiatric facilities as specified in 42
CFR 412.1(a)(2) or the inpatient
prospective payment system for
rehabilitation hospitals or rehabilitation
units as specified in 42 CFR 412(a)(3).
*
*
*
*
*
■ 4. Section 199.14 is amended by:
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Jkt 217001
a. Redesignating paragraphs (a)(3)
through (a)(5) as (a)(4) through (a)(6),
respectively;
■ b. Revising newly redesignated
paragraph (a)(4) introductory text and
the first sentence of paragraph (d)(1);
and
■ c. Adding new paragraphs
(a)(1)(ii)(D)(10), (a)(3), and (a)(6)(iii) and
(iv).
The revisions and additions read as
follows:
■
§ 199.14 Provider reimbursement
methods.
(a) * * *
(1) * * *
(ii) * * *
(D) * * *
(10) CAHs. Effective December 1,
2009, any facility which has been
designated and certified as a CAH as
contained in 42 CFR Part 485.606 is
exempt from the CHAMPUS DRG-based
payment system.
*
*
*
*
*
(3) Reimbursement for inpatient
services provided by a CAH. For
admissions on or after December 1,
2009, inpatient services provided by a
CAH, other than services provided in
psychiatric and rehabilitation distinct
part units, shall be reimbursed at 101
percent of reasonable cost. This does not
include any costs of physician services
or other professional services provided
to CAH inpatients. Inpatient services
provided in psychiatric distinct part
units would be subject to the
CHAMPUS mental health per diem
payment system. Inpatient services
provided in rehabilitation distinct part
units would be subject to billed charges
or set rates.
(4) Billed charges and set rates. The
allowable costs for authorized care in all
hospitals not subject to the CHAMPUS
Diagnosis Related Group-based payment
system, the CHAMPUS mental health
per diem system, or the reasonable cost
method for CAHs, shall be determined
on the basis of billed charges or set
rates. Under this procedure the
allowable costs may not exceed the
lower of:
*
*
*
*
*
(6) * * *
(iii) Outpatient Services Subject to
CAH Reasonable Cost Method. For
services on or after December 1, 2009,
outpatient services provided by a CAH,
shall be reimbursed at 101 percent of
reasonable cost. This does not include
any costs of physician services or other
professional services provided to CAH
outpatients.
(iv) CAH Ambulance Services.
Effective for services provided on or
after December 1, 2009, payment for
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44755
ambulance services furnished by a CAH
or an entity that is owned and operated
by a CAH is the reasonable costs of the
CAH or the entity in furnishing those
services, but only if the CAH or the
entity is the only provider or supplier of
ambulance services located within a 35mile drive of the CAH or the entity as
specified under 42 CFR part
413.70(b)(5)(ii).
*
*
*
*
*
(d) * * *
(1) In general. CHAMPUS pays
institutional facility costs for
ambulatory surgery on the basis of
prospectively determined amounts, as
provided in this paragraph, with the
exception of ambulatory surgery
procedures performed in hospital
outpatient departments or in CAHs,
which are to be reimbursed in
accordance with the provisions of
paragraph (a)(6)(ii) or (a)(6)(iii)
respectively, of this section. * * *
*
*
*
*
*
Dated: August 21, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–20682 Filed 8–28–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0646]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Mile 427.2 to 427.6, Keithsburg, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, mile 427.2 to 427.6, extending the
entire width of the river near
Keithsburg, Illinois. This safety zone is
needed to protect persons and vessels
from safety hazards associated with a
fireworks display occurring over a
portion of 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 p.m.
until 10:30 p.m. CDT on September 5,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
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44756
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
docket are part of docket USCG–2009–
0646 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0646 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
rule, call or e-mail Lieutenant
Commander (LCDR) Matthew Barker,
Sector Upper Mississippi River
Response Department at telephone (314)
269–2540, e-mail
Matthew.P.Barker@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)
because doing so and delaying the rule’s
effective date would be contrary to
public interest. Immediate action is
needed to protect vessels and mariners
from the safety hazards associated with
a fireworks display.
For the same reasons, the Coast Guard
also finds under 5 U.S.C. 553(d)(3) that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
sroberts on DSKD5P82C1PROD with RULES
Background and Purpose
On September 5, 2009, the City of
Keithsburg, Illinois will be conducting a
land based fireworks show between
mile 427.2 and 427.6 on the Upper
Mississippi River. This event presents
safety hazards to the navigation of
vessels between mile 427.2 and 427.6,
extending the entire width of the river.
The Captain of the Port Upper
Mississippi River will inform the public
of all safety zone changes through
broadcast notice to mariners.
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Jkt 217001
Discussion of Rule
The Coast Guard is establishing a
safety zone for all waters of the Upper
Mississippi River, mile 427.2 to 427.6,
extending the entire width of the river.
Entry into this zone is prohibited to all
vessels and persons except participants
and those persons and vessels
specifically authorized by the Captain of
the Port Upper Mississippi River. This
rule is effective from 8 p.m. until 10:30
p.m. CDT on September 5, 2009. The
Captain of the Port Upper Mississippi
River will inform the public through
broadcast notice to mariners of all safety
zone changes and enforcement periods.
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
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. This safety zone is expected to
have minimal economic impact because
of its small size and short duration.
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 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 427.2 to 427.6
between 8 p.m. and 10:30 p.m. CDT on
September 5. This safety zone will not
have a significant economic impact on
a substantial number of small entities
because the zone covers a small area
and will only be in effect for a short
period of time. In addition, notifications
to the marine community will be made
through broadcast notice to mariners
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and the River Industry Bulletin Board
(RIBB) at https://www.ribb.com.
If you are a small business entity and
are significantly effected by this
regulation, please contact LCDR
Matthew Barker, Sector Upper
Mississippi River at (314) 269–2540.
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 they could
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 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.
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.
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
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.
sroberts on DSKD5P82C1PROD with RULES
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
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16:16 Aug 28, 2009
Jkt 217001
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 guides 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 which 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, because the
rule establishes a safety zone.
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. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T09–0646 to
read as follows:
■
§ 165.T09–0646 Safety Zone; Upper
Mississippi River, Mile 427.2 to 427.6.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River, from surface to
bottom and from Mile 427.2 to 427.6
extending the entire width of the
waterway.
(b) Effective date. This rule is effective
from 8 p.m. until 10:30 p.m. CDT on
September 5, 2009.
(c) Periods of Enforcement. This rule
is effective from 8 p.m. until 10:30 p.m.
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44757
CDT on September 5, 2009. The Captain
of the Port Upper Mississippi River will
inform the public through broadcast
notice to mariners of all safety zone
changes and enforcement periods.
(d) Regulations. (1) In accordance
with the general regulations in § 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 must
comply with the instructions of the
Captain of the Port Upper Mississippi
River or a designated representative.
Designated Captain of the Port
representatives include United States
Coast Guard commissioned, warrant,
and petty officers of the U.S. Coast
Guard.
Dated: July 17, 2009.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. E9–20861 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–35 and CP2009–54;
Order No. 277]
Priority Mail Contract
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
the Priority Mail Contract 15 to the
Competitive Product List. This action is
consistent with changes in a recent law
governing postal operations.
Republication of the lists of market
dominant and competitive products is
also consistent with new requirements
in the law.
DATES: Effective August 31, 2009 and is
applicable beginning August 14, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820 or
stephen.sharfman@prc.gov.
Regulatory
History, 74 FR 39121 (August 5, 2009).
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Background
III. Comments
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 44755-44757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0646]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile 427.2 to 427.6,
Keithsburg, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, mile 427.2 to 427.6,
extending the entire width of the river near Keithsburg, Illinois. This
safety zone is needed to protect persons and vessels from safety
hazards associated with a fireworks display occurring over a portion of
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 p.m. until 10:30 p.m. CDT on
September 5, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 44756]]
docket are part of docket USCG-2009-0646 and are available online by
going to https://www.regulations.gov, inserting USCG-2009-0646 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 rule, call or e-mail Lieutenant Commander (LCDR) Matthew
Barker, Sector Upper Mississippi River Response Department at telephone
(314) 269-2540, e-mail Matthew.P.Barker@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)
because doing so and delaying the rule's effective date would be
contrary to public interest. Immediate action is needed to protect
vessels and mariners from the safety hazards associated with a
fireworks display.
For the same reasons, the Coast Guard also finds under 5 U.S.C.
553(d)(3) that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
Background and Purpose
On September 5, 2009, the City of Keithsburg, Illinois will be
conducting a land based fireworks show between mile 427.2 and 427.6 on
the Upper Mississippi River. This event presents safety hazards to the
navigation of vessels between mile 427.2 and 427.6, extending the
entire width of the river. The Captain of the Port Upper Mississippi
River will inform the public of all safety zone changes through
broadcast notice to mariners.
Discussion of Rule
The Coast Guard is establishing a safety zone for all waters of the
Upper Mississippi River, mile 427.2 to 427.6, extending the entire
width of the river. Entry into this zone is prohibited to all vessels
and persons except participants and those persons and vessels
specifically authorized by the Captain of the Port Upper Mississippi
River. This rule is effective from 8 p.m. until 10:30 p.m. CDT on
September 5, 2009. The Captain of the Port Upper Mississippi River will
inform the public through broadcast notice to mariners of all safety
zone changes and enforcement periods.
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
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. This safety zone is expected to have
minimal economic impact because of its small size and short duration.
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 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 427.2 to 427.6 between 8 p.m.
and 10:30 p.m. CDT on September 5. This safety zone will not have a
significant economic impact on a substantial number of small entities
because the zone covers a small area and will only be in effect for a
short period of time. In addition, notifications to the marine
community will be made through broadcast notice to mariners and the
River Industry Bulletin Board (RIBB) at https://www.ribb.com.
If you are a small business entity and are significantly effected
by this regulation, please contact LCDR Matthew Barker, Sector Upper
Mississippi River at (314) 269-2540.
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 they could 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 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.
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.
[[Page 44757]]
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
guides 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 which 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, because the rule establishes a safety
zone.
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.
0
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. 1226, 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 temporary Sec. 165.T09-0646 to read as follows:
Sec. 165.T09-0646 Safety Zone; Upper Mississippi River, Mile 427.2 to
427.6.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, from surface to bottom and from Mile 427.2
to 427.6 extending the entire width of the waterway.
(b) Effective date. This rule is effective from 8 p.m. until 10:30
p.m. CDT on September 5, 2009.
(c) Periods of Enforcement. This rule is effective from 8 p.m.
until 10:30 p.m. CDT on September 5, 2009. The Captain of the Port
Upper Mississippi River will inform the public through broadcast notice
to mariners of all safety zone changes and enforcement periods.
(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 must comply with the instructions of
the Captain of the Port Upper Mississippi River or a designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers of
the U.S. Coast Guard.
Dated: July 17, 2009.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. E9-20861 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-15-P
