Safety Zone; Osage River, Mile 016.8 to 017.2, 28769-28771 [2010-12343]
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules
Dated: May 3, 2010.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2010–12344 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0059]
RIN 1625–AA00
Safety Zone; Osage River, Mile 016.8 to
017.2
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes
establishing a temporary safety zone for
all waters of the Osage River, Mile 016.8
to 017.2, extending the entire width of
the river. This safety zone is needed to
protect persons and vessels from safety
hazards associated with a fireworks
display occurring on the Osage River.
Entry into this zone would be
prohibited unless specifically
authorized by the Captain of the Port
Upper Mississippi River or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 8, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0059 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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
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 proposed
rule, call or e-mail Lieutenant
Commander (LCDR) Matthew Barker,
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Sector Upper Mississippi River
Response Department at telephone 314–
269–2540, e-mail
Matthew.P.Barker@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0059),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone 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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0059’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments 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 and may
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28769
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0059’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit 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.
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).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before June 8, 2010, using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LCDR Matthew
Barker at the telephone number or email address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Background and Purpose
On July 4, 2010 Scott Barnes will be
sponsoring a fireworks display between
mile 016.8 and 017.2 on the Osage
River. This event presents safety
hazards to the navigation of vessels
between 016.8 and 017.2, extending the
entire width of the river. This safety
zone is necessary to provide for the
safety of the crew, spectators, and other
users and vessels of the Osage River.
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28770
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules
Discussion of Proposed Rule
The Coast Guard is proposing to
establish a safety zone for all waters of
the Osage River, Mile 016.8 to 017.2,
extending the entire width of the river.
Entry into, transiting through, or
anchoring within this zone would be
prohibited to all vessels and persons
except participants and those persons
and vessels specifically authorized by
the Captain of the Port Upper
Mississippi River. We are proposing an
effective period from 10 p.m. until 10:30
p.m. CDT July 4, 2010. 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 proposed 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.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Regulatory Planning and Review
This proposed 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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This rule would be in effect for
only a short period of time during the
fireworks display. Vessels that need to
enter the safety zone may request
permission to do so from the Captain of
the Port Upper Mississippi River.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would 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, some of which may be
small entities: the owners or operators
of vessels intending to transit the Osage
River, Mile 016.8 to 017.2 after 10 p.m.
VerDate Mar<15>2010
12:33 May 21, 2010
Jkt 220001
until 10:30 p.m. CDT on July 4. This
safety zone will not have a significant
economic impact on a substantial
number of small entities for the
following reason: (1) This rule would
only be in effect for a limited period of
time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Taking of Private Property
This proposed rule would 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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact 1–888–REG–
FAIR (1–888–734–3247). The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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Civil Justice Reform
This proposed 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.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a safety
zone. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
Dated: April 13, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2010–12343 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
For the reasons discussed in the
preamble, the Coast Guard proposed to
amend 33 CFR 165 as follows:
PART 165—REGULATER NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(1) The authority citation for part 165
continues to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
(b) Effective date. This rule is effective
from 10 p.m. until 10:30 p.m. CDT on
July 4, 2010.
(c) Periods of Enforcement. This rule
will be enforced from 10 p.m. until
10:30 p.m. CDT on July 4, 2010. 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 instruction of the
Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives include United States
Coast Guard commissioned, warrant,
and petty officers of the U.S. Coast
Guard.
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.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAR Case 2009–027; Docket 2010-0091;
Sequence 1]
RIN: 9000–AL60
§ 165.T08–0059 Safety Zone; Osage River,
Mile 016.8 to 017.2.
(a) Location. The following area is a
safety zone: all waters of the Osage
River, Mile 016.8 to 017.2 extending the
entire width of the waterway.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
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12:33 May 21, 2010
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Federal Acquisition Regulation (FAR) to
provide additional regulatory coverage
in Subpart 4.13 and in clause 52.204–9
to reinforce the requirement of
collecting from contractors all forms of
Government provided identification
once they are no longer needed to
support a contract.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before July 23, 2010 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2009–027 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–027’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–027’’. Follow the
instructions provided at the ‘‘ Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–027’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAR case 2009–027, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT Ms.
Suzanne Neurauter, Procurement
Analyst, at (202) 219–0310 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR case 2009–027.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation; FAR
Case 2009–027, Personal Identity
Verification of Contractor Personnel
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
(2) Add § 165.T08–0059 to read as
follows:
28771
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Department of Defense Inspector
General Audit Report No. D02009–005,
titled Controls Over the Contractor
Common Access Card (CAC) Life Cycle,
was performed to determine whether
Government controls were in place over
contractor CACs. A CAC is the DoD term
for a Personal Identity Verification (PIV)
card. A PIV card is required in order to
gain access to a Federal facility. The
most prevalent issue of the audit report,
and the one that the Councils are
undertaking with this case, was that the
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]]>Agencies
[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Proposed Rules]
[Pages 28769-28771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12343]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0059]
RIN 1625-AA00
Safety Zone; Osage River, Mile 016.8 to 017.2
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a temporary safety zone
for all waters of the Osage River, Mile 016.8 to 017.2, extending the
entire width of the river. This safety zone is needed to protect
persons and vessels from safety hazards associated with a fireworks
display occurring on the Osage River. Entry into this zone would be
prohibited unless specifically authorized by the Captain of the Port
Upper Mississippi River or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 8, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0059 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 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 proposed
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 or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0059), 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 (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone 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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0059'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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 comments 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 and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0059'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit 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.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 8, 2010, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Matthew Barker at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Background and Purpose
On July 4, 2010 Scott Barnes will be sponsoring a fireworks display
between mile 016.8 and 017.2 on the Osage River. This event presents
safety hazards to the navigation of vessels between 016.8 and 017.2,
extending the entire width of the river. This safety zone is necessary
to provide for the safety of the crew, spectators, and other users and
vessels of the Osage River.
[[Page 28770]]
Discussion of Proposed Rule
The Coast Guard is proposing to establish a safety zone for all
waters of the Osage River, Mile 016.8 to 017.2, extending the entire
width of the river. Entry into, transiting through, or anchoring within
this zone would be prohibited to all vessels and persons except
participants and those persons and vessels specifically authorized by
the Captain of the Port Upper Mississippi River. We are proposing an
effective period from 10 p.m. until 10:30 p.m. CDT July 4, 2010. 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 proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). This rule would be in effect for only a short
period of time during the fireworks display. Vessels that need to enter
the safety zone may request permission to do so from the Captain of the
Port Upper Mississippi River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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, some of which may be small
entities: the owners or operators of vessels intending to transit the
Osage River, Mile 016.8 to 017.2 after 10 p.m. until 10:30 p.m. CDT on
July 4. This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reason: (1)
This rule would only be in effect for a limited period of time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact 1-888-REG-FAIR (1-888-734-3247).
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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
[[Page 28771]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a safety zone. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposed
to amend 33 CFR 165 as follows:
PART 165--REGULATER 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 Sec. 165.T08-0059 to read as follows:
Sec. 165.T08-0059 Safety Zone; Osage River, Mile 016.8 to 017.2.
(a) Location. The following area is a safety zone: all waters of
the Osage River, Mile 016.8 to 017.2 extending the entire width of the
waterway.
(b) Effective date. This rule is effective from 10 p.m. until 10:30
p.m. CDT on July 4, 2010.
(c) Periods of Enforcement. This rule will be enforced from 10 p.m.
until 10:30 p.m. CDT on July 4, 2010. 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 instruction of the
Captain of the Port Upper Mississippi River or their 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: April 13, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2010-12343 Filed 5-21-10; 8:45 am]
BILLING CODE 9110-04-P
