Safety Zone; Mississippi River, Mile 427.3 to 427.5, 53193-53195 [2010-21616]
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53193
Rules and Regulations
Federal Register
Vol. 75, No. 168
Tuesday, August 31, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0703]
RIN 1625–AA00
Safety Zone; Mississippi River, Mile
427.3 to 427.5
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, Mile 427.3 to 427.5, extending the
entire width of the river. This safety
zone is needed to protect persons and
vessels from safety hazards associated
with a land based firework display
occurring on the Upper Mississippi
River. Entry into this zone will be
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 8:30 p.m. on September 5, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0703 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0703 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 (LT) Rob
McCaskey, Sector Upper Mississippi
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SUMMARY:
VerDate Mar<15>2010
15:25 Aug 30, 2010
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River Response Department at telephone
314–269–2541, e-mail
Rob.E.McCaskey@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.’’ The Coast Guard
finds that it would be impracticable to
publish a notice of proposed rulemaking
(NPRM) with respect to this rule
because the event would occur before
the rulemaking process could be
completed.
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. Publishing a NPRM and
delaying its effective date would be
impracticable because immediate action
is needed to protect vessels and
mariners from the safety hazards
associated with a land based fireworks
display.
Basis and Purpose
On September 5, 2010 the City of
Keithsburg will be conducting a
fireworks display at mile 427.4 on the
Upper Mississippi River. This event
presents safety hazards to the navigation
of vessels between mile 427.3 and mile
427.5, extending the entire width of the
river. A safety zone around the launch
site is necessary to protect spectators,
vessels, and other property from the
hazards associated with the fireworks.
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 427.3 to 427.5,
extending the entire width of the river.
Entry into this zone will be prohibited
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 will be effective from 8
p.m. until 8:30 p.m. CDT on September
5, 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 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.
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because of the very brief
duration of the effective period of the
zone. Furthermore, the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the safety zone will result in minimum
impact.
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 reasons: (1) This rule will
only be in effect for a limited period of
time; and (2) the local waterway users
will be notified via public Broadcast
Notice to Mariners.
E:\FR\FM\31AUR1.SGM
31AUR1
53194
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
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 that they can
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 business. 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.
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.
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.
erowe on DSK5CLS3C1PROD with RULES
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.
VerDate Mar<15>2010
15:25 Aug 30, 2010
Jkt 220001
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
Frm 00002
Fmt 4700
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
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. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones.
Under figure 2–1, paragraph (34)(g), of
the Instruction, 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(g), 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 § 165.T08–0703 to read as
follows:
■
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.
PO 00000
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Sfmt 4700
§ 165.T08–0703 Safety Zone; Upper
Mississippi River, Mile 427.3 to 427.5.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River, Mile 427.3 to 427.5
extending the entire width of the
waterway.
(b) Effective date. This rule is effective
from 8 p.m. until 8:30 p.m. CDT on
September 5, 2010.
(c) Periods of enforcement. This rule
will be enforced from 8 p.m. until 8:30
p.m. CDT on September 5, 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.
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
(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 shall
comply with the instructions 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: July 30, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
Regulatory Information
On May 3, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Security Zone; U.S. Coast Guard
BSU Seattle, Pier 36, Seattle, WA in the
Federal Register (75 FR 23212). We
received zero comments on the
proposed rule. We did not receive any
requests for a public meeting and a
public meeting was not held regarding
this regulation.
[FR Doc. 2010–21616 Filed 8–30–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0021]
RIN 1625–AA87
Security Zone; U.S. Coast Guard BSU
Seattle, Pier 36, Seattle, WA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a security zone at U.S.
Coast Guard (USCG) Base Support Unit
(BSU) Seattle, Pier 36, Elliot Bay,
Seattle, WA. This permanent security
zone is necessary to protect military and
visiting foreign vessels, waterfront
facilities, and the maritime public from
destruction, loss, or injury from
sabotage, subversive acts, or other
malicious acts of a similar nature. Entry
into or movement within this security
zone is prohibited without the
permission of the Captain of the Port
Puget Sound or a Designated
Representative.
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SUMMARY:
This rule is effective September
30, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
DATES:
VerDate Mar<15>2010
15:25 Aug 30, 2010
Jkt 220001
as being available in the docket, are part
of docket USCG–2010–0021 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0021 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 LTJG Ashley M. Wanzer, Sector
Puget Sound Waterways Management,
Coast Guard; telephone 206–217–6175,
e-mail SectorSeattleWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Basis and Purpose
Heightened awareness of potential
terrorist acts requires enhanced security
of our ports, harbors, and vessels. This
rule establishes a security zone to
protect waterfront facilities, persons,
and vessels from subversive or terrorist
acts on the waters surrounding USCG
BSU Seattle, Pier 36, Elliot Bay, WA.
The Coast Guard Captain of the Port
Puget Sound finds sufficient cause to
require this security zone to protect
military vessels, facilities and the
maritime public located at Pier 36, Elliot
Bay, WA. This security zone will be
continuously activated in order to
maintain the security of both moored
vessels and permanent facilities
regardless of the physical presence of
military vessels within the zone.
Discussion of Comments and Changes
We did not receive any comments on
the NPRM. Accordingly, we have made
no changes from the proposed rule.
Discussion of Rule
This rule establishes a permanent
security zone necessary to protect
military and visiting foreign vessels,
waterfront facilities, and the maritime
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
53195
public from destruction, loss, or injury
from sabotage, subversive acts, or other
malicious acts of a similar nature. Entry
into or movement within this security
zone is prohibited without the
permission of the Captain of the Port
Puget Sound or a Designated
Representative.
Pier 36 is an inlet that provides vessel
moorage to Coast Guard and visiting
military vessels. The permanent security
zone established by this rule extends
from the north western tip of Pier 36
across the inlet to the south western tip
of Pier 36, effectively closing off the
access point such that unauthorized
vessels are prohibited from entering the
pier.
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 rule is not a significant
regulatory action because it does not
adversely affect the transit of maritime
vessels or the recreational boating
public to major waterways.
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 security zone will not have a
significant economic impact on a
substantial number of small entities for
the following reason: Vessel traffic can
pass safely around the security zone.
This security zone will impact the
following entities, some of which may
be small entities; those vessels or vessel
operators who intend to enter BSU
Seattle at Pier 36, Seattle, WA.
E:\FR\FM\31AUR1.SGM
31AUR1
Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53193-53195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21616]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 /
Rules and Regulations
[[Page 53193]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0703]
RIN 1625-AA00
Safety Zone; Mississippi River, Mile 427.3 to 427.5
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 427.3 to 427.5,
extending the entire width of the river. This safety zone is needed to
protect persons and vessels from safety hazards associated with a land
based firework display occurring on the Upper Mississippi River. Entry
into this zone will be 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 8:30 p.m. on September
5, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0703 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0703 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 (LT) Rob McCaskey, Sector
Upper Mississippi River Response Department at telephone 314-269-2541,
e-mail Rob.E.McCaskey@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.'' The Coast Guard finds that it would be impracticable to
publish a notice of proposed rulemaking (NPRM) with respect to this
rule because the event would occur before the rulemaking process could
be completed.
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. Publishing a NPRM and delaying its
effective date would be impracticable because immediate action is
needed to protect vessels and mariners from the safety hazards
associated with a land based fireworks display.
Basis and Purpose
On September 5, 2010 the City of Keithsburg will be conducting a
fireworks display at mile 427.4 on the Upper Mississippi River. This
event presents safety hazards to the navigation of vessels between mile
427.3 and mile 427.5, extending the entire width of the river. A safety
zone around the launch site is necessary to protect spectators,
vessels, and other property from the hazards associated with the
fireworks. 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 427.3 to 427.5, extending the entire
width of the river. Entry into this zone will 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. This rule will be effective from 8 p.m. until 8:30 p.m. CDT on
September 5, 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 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.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because of the very brief duration of the effective period of the zone.
Furthermore, the local waterway users will be notified via public
Broadcast Notice to Mariners to ensure the safety zone will result in
minimum impact.
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 reasons: (1) This rule will only be in
effect for a limited period of time; and (2) the local waterway users
will be notified via public Broadcast Notice to Mariners.
[[Page 53194]]
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 that they can 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 business. 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 (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 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. This rule involves establishing, disestablishing, or
changing Regulated Navigation Areas and security or safety zones.
Under figure 2-1, paragraph (34)(g), of the Instruction, 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(g), 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 Sec. 165.T08-0703 to read as follows:
Sec. 165.T08-0703 Safety Zone; Upper Mississippi River, Mile 427.3 to
427.5.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, Mile 427.3 to 427.5 extending the entire
width of the waterway.
(b) Effective date. This rule is effective from 8 p.m. until 8:30
p.m. CDT on September 5, 2010.
(c) Periods of enforcement. This rule will be enforced from 8 p.m.
until 8:30 p.m. CDT on September 5, 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.
[[Page 53195]]
(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 shall comply with the instructions 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: July 30, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2010-21616 Filed 8-30-10; 8:45 am]
BILLING CODE 9110-04-P