Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels and Deepwater Ports, 49411-49412 [2010-19753]

Download as PDF Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. § 116.40 [Amended] 16. In § 116.40 paragraphs (a), (b), and (c) remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.45 [Amended] 17. In § 116.45(a), remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.55 [Amended] 18. Amend § 116.55 as follows: a. In paragraph (a), remove the phrase ‘‘Administrator, Bridge Administration Program’’ and add in its place ‘‘Administrator, Office of Bridge Programs’’; and ■ b. In paragraph (b), remove the phrase ‘‘Administrator’s, Bridge Administration Program’’ and add in its place ‘‘Administrator, Office of Bridge Programs’’; and ■ c. In paragraph (b), remove the phrase ‘‘Assistant Commandant for Operations, U.S. Coast Guard, (CG–3), 2100 2nd Street, SW., Washington, DC 20593– 7238’’ and add, in its place, the phrase ‘‘Deputy Commandant of Operations, U.S. Coast Guard,(CG–DCO), 2100 2nd St., SW., Stop 7355, Washington, DC 20593–7355’’; and ■ d. In paragraph (b), remove the phrase ‘‘Assistant Commandant for Operations’’ from the last sentence and add in its place, the phrase ‘‘Deputy Commandant of Operations’’. ■ ■ PART 117—DRAWBRIDGE OPERATION REGULATION 19. The authority citation for part 118 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. § 117.458 [Amended] 20. In § 117.458(c) change the name of the bridge from the ‘‘Leon C. Simon Blvd. (Seabrook) bridge’’ to the ‘‘Senator Ted Hickey Bridge’’. erowe on DSK5CLS3C1PROD with RULES ■ § 117.557 [Amended] 21. In § 117.557, remove the number ‘‘0.9’’ and add, in its place, the number ‘‘1.0’’. ■ VerDate Mar<15>2010 15:00 Aug 12, 2010 Jkt 220001 PART 118—BRIDGE LIGHTING AND OTHER SIGNALS 22. The authority citation for part 118 continues to read as follows: ■ Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of Homeland Security Delegation No. 0170.1. § 118.3 [Amended] 23. In § 118.3(b), remove the phrase ‘‘Administrator, Bridge Administration Program, room 3500, (CG–5411), 2100 2nd St., SW., Stop 7581, Washington, DC 20593–7581’’ and add, in its place, the phrase ‘‘Administrator, Office of Bridge Programs, (CG–551), 2100 2nd St. SW., Stop 7683, Washington, DC 20593–7683’’. ■ Dated: August 6, 2010. Steve Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. 2010–19890 Filed 8–12–10; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 138 [USCG–2008–0007] RIN 1625–AB25 Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability—Vessels and Deepwater Ports Coast Guard, DHS. Rule; information collection approval. AGENCY: ACTION: On July 1, 2009, the Coast Guard amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater ports to reflect significant increases in the Consumer Price Index. The amendment triggered information collection requirements affecting vessel operators required to establish evidence of financial responsibility. This notice announces that the collection of information has been approved by the Office of Management and Budget (OMB) and may now be enforced. The OMB Control Number is 1625–0046. DATES: The collection of information requirement under 33 CFR 138.85 will be enforced from August 13, 2010. FOR FURTHER INFORMATION CONTACT: If you have questions on this document contact Mr. Benjamin White, National Pollution Funds Center, Coast Guard, telephone 202–493–6863, e-mail SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 49411 Benjamin.H.White@uscg.mil. If you have questions on viewing the docket (USCG–2005–21780), call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. On July 1, 2009, the Coast Guard published an interim rule entitled ‘‘Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability—Vessels and Deepwater Ports’’ (74 FR 31357) (CPI interim rule). This interim rule amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater ports under 33 CFR part 138 subpart B to reflect significant increases in the Consumer Price Index as required by 33 U.S.C. 2704(d)(4). These limit of liability amendments triggered information collection requirements under 33 CFR 138.85. This provision requires operators of vessels to establish evidence of financial responsibility under OPA 90, 33 U.S.C. 2716, acceptable to the Director, National Pollution Funds Center, in an amount equal to or greater than the total applicable amounts determined under 33 CFR 138.80(f). The total applicable amounts are, in turn, determined by reference to the limits of liability in 33 CFR part 138, subpart B. On January 6, 2010, the Coast Guard published a final rule adopting the interim rule without change (75 FR 750). With the exception of this collection of information, the CPI interim rule limit of liability amendments became effective on July 31, 2009. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), the preambles to the interim rule and the final rule stated that the Coast Guard would not enforce the collection of information requirements occurring under 33 CFR 138.85 until the collection of information request was approved by OMB, and also stated that the Coast Guard would publish a notice in the Federal Register announcing that OMB approved and assigned a control number for the requirement. The Coast Guard submitted the information collection request to OMB for approval in accordance with the Paperwork Reduction Act of 1995. On June 18, 2010, OMB approved the collection of information and assigned the collection OMB Control Number 1625–0046 entitled ‘‘Financial Responsibility for Water Pollution (Vessels).’’ The approval for this collection of information expires on July 31, 2012. A copy of the OMB notice of action is available in our online docket at http://www.regulations.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\13AUR1.SGM 13AUR1 49412 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations Dated: August 3, 2010. Craig A. Bennett, Director, National Pollution Funds Center, U.S. Coast Guard. Regulatory Information [FR Doc. 2010–19753 Filed 8–12–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0685] RIN 1625–AA00 Safety Zones; Fireworks Within the Captain of the Port Sector Boston Zone Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary safety zones within the Captain of the Port Sector Boston Zone for various fireworks events. These safety zones are necessary to provide for the safety of life on navigable waters during these fireworks events. Entering into, transiting through, mooring or anchoring within these zones is prohibited unless authorized by the Captain of the Port Sector Boston. DATES: This rule is effective in the CFR on August 13, 2010 through 11:59 p.m. on September 4, 2010. This rule is effective with actual notice for purposes of enforcement beginning at 9:30 p.m. on July 24, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0685 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0685 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 MST1 David Labadie, Waterways Management Division, Coast Guard Sector Boston; telephone (617) 223–5768, e-mail David.J.Labadie@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:00 Aug 12, 2010 Jkt 220001 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 the Coast Guard did not receive notification of the specific location or planned dates for the events in sufficient time to issue a NPRM without delaying this rulemaking. Delaying the effective date by first publishing a NPRM and holding a comment period would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters during these scheduled events as immediate action is needed to protect persons and vessels from the hazards associated with participation in these marine events. 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. In addition to the reasons stated above, this rule is intended to ensure the safety of the event participants, spectators and other waterway users thus any delay in the rule’s effective date would be impractical. Basis and Purpose This temporary rule is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks events. The Captain of the Port Boston has determined that fireworks events in close proximity to watercraft and waterfront structures pose a significant risk to public safety and property. Such hazards include obstructions to the waterway that may cause marine casualties and the explosive danger of fireworks and debris falling into the water that may cause death or serious bodily harm. Establishing a safety zone around the location of these fireworks events will help ensure the safety of persons and property and help minimize the associated risks. The Coast Guard has ordered safety zones for these past events and has not received public comments or concerns regarding the impact to waterway traffic from these annual events. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Discussion of Rule These temporary safety zones are necessary to ensure the safety of participants, spectators, and vessels during the annual fireworks events in the Captain of the Port Boston area of responsibility that may pose a hazard to the public. The safety zones will be enforced immediately before, during, and after events. The Captain of the Port will inform the public about the details of each fireworks event covered by these safety zones using a variety of means, including, but is not limited to, Broadcast Notices to Mariners and Local Notices to Mariners. All persons and vessels shall comply with the instructions of the Captain of the Port Boston or designated on-scene patrol personnel. Entering into, transiting through, mooring or anchoring within the safety zones is prohibited unless authorized by the Captain of the Port Boston or his designated on-scene representative. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 16 or by telephone at (617) 223–5750. 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. The Coast Guard determined that this rule is not a significant regulatory action for the following reasons: The safety zones will be of limited duration, they cover only a small portion of the navigable waterways, and the events are designed to avoid, to the extent possible, deep draft, fishing, and recreational boating traffic routes. In addition, vessels requiring entry into the area of the safety zones may be authorized to do so by the Captain of the Port. 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. E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49411-49412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 138

[USCG-2008-0007]
RIN 1625-AB25


Consumer Price Index Adjustments of Oil Pollution Act of 1990 
Limits of Liability--Vessels and Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Rule; information collection approval.

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SUMMARY: On July 1, 2009, the Coast Guard amended the Oil Pollution Act 
of 1990 limits of liability for vessels and deepwater ports to reflect 
significant increases in the Consumer Price Index. The amendment 
triggered information collection requirements affecting vessel 
operators required to establish evidence of financial responsibility. 
This notice announces that the collection of information has been 
approved by the Office of Management and Budget (OMB) and may now be 
enforced. The OMB Control Number is 1625-0046.

DATES: The collection of information requirement under 33 CFR 138.85 
will be enforced from August 13, 2010.

FOR FURTHER INFORMATION CONTACT: If you have questions on this document 
contact Mr. Benjamin White, National Pollution Funds Center, Coast 
Guard, telephone 202-493-6863, e-mail Benjamin.H.White@uscg.mil. If you 
have questions on viewing the docket (USCG-2005-21780), call Ms. Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: On July 1, 2009, the Coast Guard published 
an interim rule entitled ``Consumer Price Index Adjustments of Oil 
Pollution Act of 1990 Limits of Liability--Vessels and Deepwater 
Ports'' (74 FR 31357) (CPI interim rule). This interim rule amended the 
Oil Pollution Act of 1990 limits of liability for vessels and deepwater 
ports under 33 CFR part 138 subpart B to reflect significant increases 
in the Consumer Price Index as required by 33 U.S.C. 2704(d)(4). These 
limit of liability amendments triggered information collection 
requirements under 33 CFR 138.85. This provision requires operators of 
vessels to establish evidence of financial responsibility under OPA 90, 
33 U.S.C. 2716, acceptable to the Director, National Pollution Funds 
Center, in an amount equal to or greater than the total applicable 
amounts determined under 33 CFR 138.80(f). The total applicable amounts 
are, in turn, determined by reference to the limits of liability in 33 
CFR part 138, subpart B. On January 6, 2010, the Coast Guard published 
a final rule adopting the interim rule without change (75 FR 750).
    With the exception of this collection of information, the CPI 
interim rule limit of liability amendments became effective on July 31, 
2009. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520), the preambles to the interim rule and the final rule stated 
that the Coast Guard would not enforce the collection of information 
requirements occurring under 33 CFR 138.85 until the collection of 
information request was approved by OMB, and also stated that the Coast 
Guard would publish a notice in the Federal Register announcing that 
OMB approved and assigned a control number for the requirement.
    The Coast Guard submitted the information collection request to OMB 
for approval in accordance with the Paperwork Reduction Act of 1995. On 
June 18, 2010, OMB approved the collection of information and assigned 
the collection OMB Control Number 1625-0046 entitled ``Financial 
Responsibility for Water Pollution (Vessels).'' The approval for this 
collection of information expires on July 31, 2012. A copy of the OMB 
notice of action is available in our online docket at http://www.regulations.gov.


[[Page 49412]]


    Dated: August 3, 2010.
Craig A. Bennett,
Director, National Pollution Funds Center, U.S. Coast Guard.
[FR Doc. 2010-19753 Filed 8-12-10; 8:45 am]
BILLING CODE 9110-04-P