Safety Zone; Upper Mississippi River, Mile 427.2 to 427.6, Keithsburg, IL, 44755-44757 [E9-20861]

Download as PDF 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: VerDate Nov<24>2008 16:16 Aug 28, 2009 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 E:\FR\FM\31AUR1.SGM 31AUR1 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 http://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. VerDate Nov<24>2008 16:16 Aug 28, 2009 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 and the River Industry Bulletin Board (RIBB) at http://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 31AUR1 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 VerDate Nov<24>2008 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. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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 E:\FR\FM\31AUR1.SGM 31AUR1

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]


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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 http://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 http://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