Regulated Navigation Area; Galveston Channel, TX, 47713-47715 [2010-19521]
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
Comment: As someone who deploys,
leaving my spouse to contend with
TRICARE issues, it is important that this
rule is adopted.
Response: We agree and are pleased to
promulgate the rule.
■
III. Regulatory Procedures
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Public Law
96–354, ‘‘Regulatory Flexibility Act’’
(5 U.S.C. 601)
Executive Order 12866 requires that a
comprehensive regulatory impact
analysis be performed on any
economically significant regulatory
action, defined as one that would result
in an annual effect of $100 million or
more on the national economy or which
would have other substantial impacts.
The Regulatory Flexibility Act (RFA)
requires that each Federal Agency
prepare, and make available for public
comment, a regulatory flexibility
analysis when the agency issues a
regulation which would have a
significant impact on a substantial
number of small entities. This final rule
is not a significant regulatory action and
will not have a significant impact on a
substantial number of small entities for
purposes of the RFA. Thus this final
rule is not subject to any of these
requirements.
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3511)
This rule will not impose additional
information collection requirements on
the public.
sroberts on DSKD5P82C1PROD with RULES
Executive Order 13132, ‘‘Federalism’’
We have examined the impacts of the
rule under Executive Order 13132 and
it does not have 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.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
This rule does not contain unfunded
mandates. It does not contain a Federal
mandate that may result in the
expenditure by State, local and tribal
governments, in aggregate, or by the
private sector, of $100 million or more
in any 1 year.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
VerDate Mar<15>2010
13:27 Aug 06, 2010
Jkt 220001
Accordingly, 32 CFR part 199 is
amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
■
2. Section 199.17 (o)(4) is revised to
read as follows:
■
§ 199.17
TRICARE program.
*
*
*
*
*
(o) * * *
(4) Voluntary disenrollment. Any nonactive duty beneficiary may disenroll at
any time. Disenrollment will take effect
in accordance with administrative
procedures established by the Assistant
Secretary of Defense (Health Affairs).
Retired beneficiaries and their family
members who disenroll prior to their
annual enrollment renewal date will not
be eligible to reenroll in Prime for a -1year period from the effective date of the
disenrollment. Active Duty family
members may change their enrollment
status twice in an enrollment year. Any
additional disenrollment changes will
result in an enrollment lock out for a 1year period from the effective date of the
disenrollment. Enrollment rules may be
waived by the Assistant Secretary of
Defense (Health Affairs) based on
extraordinary circumstances.
*
*
*
*
*
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–19309 Filed 8–6–10; 8:45 am]
BILLING CODE 5001–06–P
47713
minimum safe speed and causing wake
in this area will be prohibited unless
specifically authorized by the Captain of
the Port Houston-Galveston or a
designated representative. This RNA is
needed to protect the Coast Guard SFO
Galveston assets, break wall, and piers
from further damage associated with
excessive wake and to protect ongoing
base construction.
DATES: This rule is effective September
8, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0931 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0931 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 rule, call or
e-mail Lieutenant junior grade Margaret
Brown, Coast Guard Sector HoustonGalveston, telephone (713) 678–9001, or
e-mail margaret.a.brown@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
33 CFR Part 165
On April 13, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Regulated Navigation Area;
Galveston Channel’’ in the Federal
Register (75 FR 18766). We received no
comments on the proposed rule and are
issuing the final rule without change
from the NPRM.
[Docket No. USCG–2009–0931]
Basis and Purpose
RIN 1625–AA11
The basis for this rulemaking is the
Coast Guard’s authority to establish
regulated navigation areas, under 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, 160.5; Pub.
L. 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1. A regulated
navigation area is a water area within a
defined boundary for which regulations
for vessels navigating within the area
have been established, to control vessel
traffic in a place determined to have
hazardous conditions. 33 CFR 165.10;
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Regulated Navigation Area; Galveston
Channel, TX
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a regulated navigation area
(RNA) across the entire width of the
Galveston Channel in the vicinity of
Sector Field Office (SFO) Galveston,
Texas. This RNA will require vessels to
navigate at no wake speeds within this
area. Vessel transits at greater than
SUMMARY:
PO 00000
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47714
Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
U.S.C.G. Commandant Instruction
Manual M16704.3A, 1–6.
The purpose of this final rule is to
establish a regulated navigation area in
Galveston Channel, to protect the
surrounding areas from the harmful
effects of excessive wake. This RNA will
require vessels to navigate at minimum
safe speeds which produce no wake
within the area of the Coast Guard SFO
Galveston, Texas. Vessel transits at
greater than minimum safe speed and
causing wake in this area will be
prohibited unless specifically
authorized by the Captain of the Port
Houston-Galveston or a designated
representative. This RNA is intended to
protect the Coast Guard assets, break
wall, and piers from further damage
associated with excessive wake and to
protect ongoing base construction.
Discussion of Comments and Changes
No comments were received regarding
this rule. No changes have been made in
the text we proposed in the NPRM.
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.
sroberts on DSKD5P82C1PROD with RULES
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. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation was unnecessary.
The basis of this finding is that the area
considered in this regulated navigation
area is limited in nature and would not
create undue delay to vessel traffic in
and around the Port of Galveston.
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
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13:27 Aug 06, 2010
Jkt 220001
substantial number of small entities for
the following reason: The extent of the
proposed regulated navigation area is
limited in size and would not create
undue delay to vessel traffic in and
around the Port of Galveston.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not 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 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
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Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because this
rule involves a regulation establishing,
disestablishing, or changing Regulated
Navigation Areas and security or safety
zones. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Dated: July 27, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, District 8
Commander.
List of Subjects in 33 CFR Part 165
Safety Zone; Kanawha River Mile 56.7
to 57.6, Charleston, WV
Harbors, Marine safety, Navigation
(water), Reporting and Recordkeeping
requirements, Security measures,
Waterways.
PART 165—SPECIFIC 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 new § 165.827 to read as
follows:
■
sroberts on DSKD5P82C1PROD with RULES
§ 165.827 Regulated Navigation Area;
Galveston Channel, TX.
(a) Location. The following area is a
regulated navigation area: All waters of
the Galveston Channel within the area
from Latitude 29°20′19″ N, Longitude
094°46′36″ W, east to Latitude 29°20′06″
N, Longitude 094°46′15″ W, south to
Latitude 29°19′47″ N, Longitude
094°46′27″ W, west to Latitude
29°19′51″ N, Longitude 094°46′45″ W,
and north to Latitude 29°20′19″ N,
Longitude 094°46′36″ W.
(b) Regulations. (1) Vessels navigating
this area must do so at a minimum safe
speed so as to not cause any wake.
(2) Vessels may proceed at greater
than a minimum safe speed with
permission of the Captain of the Port
Houston-Galveston or a designated
representative.
(3) To request permission as required
by these regulations, contact the Sector
Houston-Galveston Command Center by
telephone at (713)671–5113.
Jkt 220001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0208]
RIN 1625–AA00
ACTION:
For the reasons discussed in the
preamble, the Coast Guard has amended
33 CFR part 165 as follows:
13:27 Aug 06, 2010
BILLING CODE 9110–04–P
Coast Guard, DHS.
Temporary final rule.
AGENCY:
■
VerDate Mar<15>2010
[FR Doc. 2010–19521 Filed 8–6–10; 8:45 am]
The Coast Guard is
establishing a temporary safety zone for
the waters of the Kanawha River
beginning at mile 56.7 (C&O Railroad)
and ending at mile 57.6 (Interstate Route
64 Bridge), extending the entire width of
the river. This safety zone is needed to
protect persons and vessels from the
potential safety hazards associated with
the Toyota Governor’s Cup Jet Ski Race.
Entry into this zone is prohibited unless
specifically authorized by the Captain of
the Port Ohio Valley or a designated
representative.
SUMMARY:
This rule is effective from 12
p.m. on August 20, 2010, to 5:30 p.m.
on August 22, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0208 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0208 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 Petty Officer Sean
Lewis, Marine Safety Unit Huntington
Coast Guard; telephone 304–733–0198
extension 2135, e-mail
Sean.T.Lewis@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
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47715
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing a NPRM would be
impracticable given the short period of
time before the race. Immediate action
is needed to protect the race
participants, vessels, and mariners from
the hazards associated with this race.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register because waiting 30 days would
be impracticable, as immediate action is
needed to protect the race participants,
vessels, and mariners from the hazards
associated with this race.
Basis and Purpose
The Upstate Watercraft Promotions,
Inc. is sponsoring a jet ski race from 12
p.m. to 6 p.m. on August 20, 2010 and
from 6 a.m. to 5:30 p.m. on the dates of
August 21 and 22, 2010. This race will
be held on the Kanawha River in
Charleston, WV at mile 57.6–57.6. The
Coast guard believes a safety zone is
necessary because a hazardous situation
could exist for vessels, mariners and
spectators in the vicinity of the jet ski
race. A safety zone is needed to protect
those vessels, mariners and spectators
from the hazards associated with this
race.
Discussion of Rule
The Captain of the Port Ohio Valley
is establishing a temporary safety zone
for the waters of the Kanawha River
beginning at mile 56.7 (C&O Railroad)
and ending at mile 57.6 (Interstate Route
64 Bridge). The term ‘‘participating
vessel’’ includes all vessels registered
with the jet ski race event officials to
work in the event. With the exception
of participating vessels and those
mariners operating participating vessels,
all vessels and persons are prohibited
from transiting within this safety zone
unless authorized by the Captain of the
Port Ohio Valley or a designated
representative. The Captain of the Port
Ohio Valley may be contacted on VHF–
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]]>Agencies
[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47713-47715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19521]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0931]
RIN 1625-AA11
Regulated Navigation Area; Galveston Channel, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) across the entire width of the Galveston Channel in the vicinity
of Sector Field Office (SFO) Galveston, Texas. This RNA will require
vessels to navigate at no wake speeds within this area. Vessel transits
at greater than minimum safe speed and causing wake in this area will
be prohibited unless specifically authorized by the Captain of the Port
Houston-Galveston or a designated representative. This RNA is needed to
protect the Coast Guard SFO Galveston assets, break wall, and piers
from further damage associated with excessive wake and to protect
ongoing base construction.
DATES: This rule is effective September 8, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0931 and are available online by going to
https://www.regulations.gov, inserting USCG-2009-0931 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or e-mail Lieutenant junior grade Margaret Brown, Coast Guard
Sector Houston-Galveston, telephone (713) 678-9001, or e-mail
margaret.a.brown@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
On April 13, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Area; Galveston Channel'' in the
Federal Register (75 FR 18766). We received no comments on the proposed
rule and are issuing the final rule without change from the NPRM.
Basis and Purpose
The basis for this rulemaking is the Coast Guard's authority to
establish regulated navigation areas, under 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, 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department
of Homeland Security Delegation No. 0170.1. A regulated navigation area
is a water area within a defined boundary for which regulations for
vessels navigating within the area have been established, to control
vessel traffic in a place determined to have hazardous conditions. 33
CFR 165.10;
[[Page 47714]]
U.S.C.G. Commandant Instruction Manual M16704.3A, 1-6.
The purpose of this final rule is to establish a regulated
navigation area in Galveston Channel, to protect the surrounding areas
from the harmful effects of excessive wake. This RNA will require
vessels to navigate at minimum safe speeds which produce no wake within
the area of the Coast Guard SFO Galveston, Texas. Vessel transits at
greater than minimum safe speed and causing wake in this area will be
prohibited unless specifically authorized by the Captain of the Port
Houston-Galveston or a designated representative. This RNA is intended
to protect the Coast Guard assets, break wall, and piers from further
damage associated with excessive wake and to protect ongoing base
construction.
Discussion of Comments and Changes
No comments were received regarding this rule. No changes have been
made in the text we proposed in the NPRM.
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. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation was
unnecessary. The basis of this finding is that the area considered in
this regulated navigation area is limited in nature and would not
create undue delay to vessel traffic in and around the Port of
Galveston.
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 for the following reason: The extent of the proposed regulated
navigation area is limited in size and would not create undue delay to
vessel traffic in and around the Port of Galveston.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National
[[Page 47715]]
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction because this rule involves a
regulation establishing, disestablishing, or changing Regulated
Navigation Areas and security or safety zones. 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 has amended
33 CFR part 165 as follows:
PART 165--SPECIFIC 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 new Sec. 165.827 to read as follows:
Sec. 165.827 Regulated Navigation Area; Galveston Channel, TX.
(a) Location. The following area is a regulated navigation area:
All waters of the Galveston Channel within the area from Latitude
29[deg]20'19'' N, Longitude 094[deg]46'36'' W, east to Latitude
29[deg]20'06'' N, Longitude 094[deg]46'15'' W, south to Latitude
29[deg]19'47'' N, Longitude 094[deg]46'27'' W, west to Latitude
29[deg]19'51'' N, Longitude 094[deg]46'45'' W, and north to Latitude
29[deg]20'19'' N, Longitude 094[deg]46'36'' W.
(b) Regulations. (1) Vessels navigating this area must do so at a
minimum safe speed so as to not cause any wake.
(2) Vessels may proceed at greater than a minimum safe speed with
permission of the Captain of the Port Houston-Galveston or a designated
representative.
(3) To request permission as required by these regulations, contact
the Sector Houston-Galveston Command Center by telephone at (713)671-
5113.
Dated: July 27, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, District 8 Commander.
[FR Doc. 2010-19521 Filed 8-6-10; 8:45 am]
BILLING CODE 9110-04-P
