Special Local Regulation; Monongahela River, Pittsburgh, PA, 56866-56868 [2010-23279]
Download as PDF
<![CDATA[
56866
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations
§ 1.883–5T
[Removed]
the regulated area is prohibited, unless
specifically authorized by the Captain of
the Port Pittsburgh or a designated
PART 602—OMB CONTROL NUMBERS representative.
UNDER THE PAPERWORK
DATES: This rule is effective from 11:30
REDUCTION ACT
a.m. to 4:30 p.m. on September 18,
2010.
■ Par. 14. The authority citation for part
ADDRESSES: Documents indicated in this
602 continues to read as follows:
preamble as being available in the
Authority: 26 U.S.C. 7805.
docket are part of docket USCG–2010–
0534 and are available online by going
■ Par. 15. In § 602.101, paragraph (b) is
to https://www.regulations.gov, inserting
amended by removing the entries for
USCG–2010–0534 in the ‘‘Keyword’’
§§ 1.883–1T, 1.883–2T, 1.883–3T,
box, and then clicking ‘‘Search.’’ They
1.883–4T, and 1.883–5T from the table
and adding an entry for § 1.883–0 to the are also available for inspection or
copying at the Docket Management
table in numerical order to read as
Facility (M–30), U.S. Department of
follows:
Transportation, West Building Ground
§ 602.101 OMB Control Numbers.
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
*
*
*
*
*
between 9 a.m. and 5 p.m., Monday
(b) * * *
through Friday, except Federal holidays.
CFR part or section where
Current OMB
FOR FURTHER INFORMATION CONTACT: If
identified and described
control No.
you have questions on this temporary
rule, call or e-mail ENS Robyn Hoskins,
Marine Safety Unit Pittsburgh, Coast
*
*
*
*
*
§ 1.883–0 ..............................
1545–1677 Guard; telephone 412–644–5808 Ext.
2140, e-mail
*
*
*
*
*
Robyn.G.Hoskins@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Steven T. Miller,
Docket Operations, telephone 202–366–
Deputy Commissioner for Services and
9826.
Enforcement.
SUPPLEMENTARY INFORMATION:
Approved: September 3, 2010.
■
Par. 13. Section 1.883–5T is removed.
Michael Mundaca,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2010–23185 Filed 9–16–10; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0534]
RIN 1625–AA08
Special Local Regulation;
Monongahela River, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
from mile marker 2.2 (Southside
Riverfront Park Boat Ramp) on the
Monongahela River to mile marker 2.7
(27th Street), extending 100 feet out
from the left descending bank. This
special local regulation is needed to
safeguard participants of the Pittsburgh
Dragon Boat Festival from the hazards
imposed by marine traffic. Entry into
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
VerDate Mar<15>2010
14:39 Sep 16, 2010
Jkt 220001
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).
A NPRM would be impracticable with
respect to this rule because immediate
action is needed to safeguard
participants during the Pittsburgh
Dragon Boat Festival from the hazards
imposed by marine traffic, and rescheduling the event is contrary to the
public interest of participants,
spectators and vendors in having the
event proceed as scheduled.
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 since immediate action
is needed to safeguard participants
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
during the Pittsburgh Dragon Boat
Festival from the hazards imposed by
marine traffic, and re-scheduling the
event is contrary to the public interest
of participants, spectators and vendors
in having the event proceed as
scheduled.
Basis and Purpose
The Coast Guard is establishing a
special local regulation from mile
marker 2.2 (Southside Riverfront Park
Boat Ramp) on the Monongahela River
to mile marker 2.7 (27th Street),
extending 100 feet out from the left
descending bank. This special local
regulation is needed to safeguard
participants during the Pittsburgh
Dragon Boat Festival from the hazards
imposed by marine traffic.
Discussion of Rule
Vessels shall not enter into, depart
from, or move within the regulated area
without permission from the Captain of
the Port Pittsburgh or his authorized
representative. Persons or vessels
requiring entry into or passage through
the regulated area must request
permission from the Captain of the Port
Pittsburgh, or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465. This rule is
effective from 11:30 a.m. to 4:30 p.m. on
September 18, 2010. The Captain of the
Port Pittsburgh will inform the public
through broadcast notices to mariners of
the enforcement period for the special
local regulation as well as any changes
in the planned schedule.
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 will be in effect for a short
period of time and notifications to the
marine community will be made
through broadcast notices to mariners.
The impacts on routine navigation are
expected to be minimal.
E:\FR\FM\17SER1.SGM
17SER1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit that portion
of the waterways from mile marker 2.2
(Southside Riverfront Park Boat Ramp)
on the Monongahela River to mile
marker 2.7 (27th Street), extending 100
feet out from the left descending bank,
from 11:30 a.m. to 4:30 p.m. on
September 18, 2010.
This regulated area will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced on a weekend day and when
traffic is low.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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.
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.
Collection of Information
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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
VerDate Mar<15>2010
14:39 Sep 16, 2010
Jkt 220001
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
56867
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)(h) of the Instruction, and an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
■
E:\FR\FM\17SER1.SGM
17SER1
56868
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
LIBRARY OF CONGRESS
1. The authority citation for part 100
continues to read as follows:
37 CFR Part 201
Copyright Office
■
Authority: 33 U.S.C. 1233.
[Docket No. RM 2010–2]
2. Add § 100.T08–0534 to read as
follows:
■
Implementation of the Satellite
Television Extension and Localism Act
of 2010
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
§ 100.T08–0534 Pittsburgh Dragon Boat
Festival, Monongahela River, Pittsburgh,
PA.
ACTION:
(a) Location. The following area is a
regulated area: All waters of the
Monongahela River, from mile marker
2.2 (Southside Riverfront Park Boat
Ramp) on the Monongahela River to
mile marker 2.7 (27th Street), extending
100 feet out from the left descending
bank.
(b) Effective date. This section is
effective from 11:30 a.m. through 4:30
p.m. on September 18, 2010, and each
year thereafter on a date and time
published in a Federal Register
document.
(c) Periods of enforcement. This
section is effective from 11:30 a.m.
through 4:30 p.m. on September 18,
2010. The Captain of the Port Pittsburgh
or a designated representative will
inform the public through broadcast
notices to mariners of the enforcement
period for the special local regulation as
well as any changes in the planned
schedule.
(d) Regulations.
(1) In accordance with the general
regulations in § 100.35 of this part, entry
into this area is prohibited unless
authorized by the Captain of the Port
Pittsburgh.
(2) Persons or vessels requiring entry
into, departure from, or passage through
a regulated area must request
permission from the Captain of the Port
Pittsburgh or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Dated: August 13, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Pittsburgh.
[FR Doc. 2010–23279 Filed 9–16–10; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
14:39 Sep 16, 2010
Jkt 220001
Interim Rule.
The Copyright Office amends
its rules governing statements of
account for cable systems and satellite
carriers to reflect changes resulting from
the recent enactment of the Satellite
Television Extension and Localism Act
of 2010.
FOR FURTHER INFORMATION CONTACT: Ben
E. Golant, Assistant General Counsel or
Tanya M. Sandros, Deputy General
Counsel, Copyright GC/I&R, P.O. Box
70400, Washington, DC 20024.
Telephone: (202) 707–8380. Telefax:
(202)–707–8366.
EFFECTIVE DATES: September 17, 2010.
SUPPLEMENTARY INFORMATION: Congress
recently passed the Satellite Television
Extension and Localism Act of 2010
(‘‘STELA’’) which was signed by the
President on May 27, 2010. See Pub. L.
No. 111–175. This legislation updated
and reauthorized the distant signal
license for satellite carriers under
Section 119 of title 17. It also amended
the local–into–local satellite license and
the cable statutory license in several
respects. The purpose of this Interim
Rule is to account for the new statutory
provisions under Sections 111, 119, and
122, as discussed below.
SUMMARY:
I. SECTION 111 AMENDMENTS
A. Phantom Signals and Subscriber
Groups
For the past 30 years, cable operators
have paid royalties for the
retransmission of non–network
programming carried by distant
broadcast television signals under the
Section 111 statutory license. The
royalties have been based on a
percentage of gross receipts generated
by a cable system. Under the licensing
framework established by Congress in
1976, cable operators had to pay for the
number of distant signals carried, even
though some such signals were not
received or made available to every
subscriber of a particular cable system.
Distant broadcast signals that were not
made available on a system–wide basis,
but on which operators were required to
pay royalties, have been called
‘‘phantom signals.’’ The Copyright Office
has long recognized the phantom signal
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
situation, but the matter has only
recently received legislative attention.1
Section 104 of STELA, entitled
‘‘Modifications to Cable System
Secondary Transmission Rights Under
Section 111,’’ directly addresses
phantom signals. Specifically, it
amended Section 111(d)(1) of the
Copyright Act which sets forth the
methodology for cable operators to
calculate royalties. Cable operators now
pay royalties only where the distant
broadcast signal is actually received by
subscribers rather than on a broader
cable system basis as had been the case
since 1978. The amendments finally
resolve this enduring dispute.2
Specifically, the legislation amends
subparagraph (C) of Section 111(d)(1) to
state that if a cable system provides
secondary transmissions of primary
transmitters to some, but not all,
communities served by the cable
system, the gross receipts and distant
signal equivalent values for each
secondary transmission may be derived
on the basis of the subscribers in those
communities where the cable system
actually provides such secondary
transmission. Where a cable system
calculates its royalties on a community–
specific (‘‘subscriber group’’) basis, the
operator applies the methodology in
Section 111(d)(1)(B)(ii)–(iv) to calculate
a separate royalty for each subscriber
group. However, the operator will still
compute the minimum fee calculation
under Section 111(d)(1)(B)(i) on a cable
system basis and is required to pay no
less than the minimum fee. 3
1There is no legislative history accompanying
STELA. However, an earlier iteration of the
legislation in 2009 contained the same statutory
language with respect to phantom signals and did
have accompanying legislative history.See Satellite
Home Viewer Update and Reauthorization Act of
2009, H. Rep. No. 111-319, 111th Cong., 1st Sess.
(Oct. 28, 2009) at 12 (‘‘[T]he cable television and
content industries have taken different views on
whether cable providers should include certain
signals that are not received by every customer in
the calculation of Section 111 royalty obligations.
Members of the cable industry argue that providers
should not have to pay for such signals because
some consumers do not receive them. Members of
the content industry assert that, under the law, all
signals should be taken into account in the royalty
rate calculation. The Committee understands that
there are two different readings of the statute and
that the issue should be resolved to provide
certainty to both industries.’’)
2See id. at 23-24. (‘‘Subsection (c) resolves the
phantom signal ambiguity that required cable
systems to pay royalty fees for carriage to all
subscribers within the system. It allows a cable
system that provides transmissions of distant
signals to some but not all communities to calculate
royalty fees on the basis of the actual carriage of
specific signals and the gross receipts derived from
the subscribers in the community.’’)
3 See id. at 12. (‘‘The legislation revises and
updates subparagraphs (C) and (D) of Section
111(d)(1) to resolve the so–called ‘‘phantom
signal’’issue. Just as the current law allows
E:\FR\FM\17SER1.SGM
17SER1
]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Rules and Regulations]
[Pages 56866-56868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23279]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0534]
RIN 1625-AA08
Special Local Regulation; Monongahela River, Pittsburgh, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation
from mile marker 2.2 (Southside Riverfront Park Boat Ramp) on the
Monongahela River to mile marker 2.7 (27th Street), extending 100 feet
out from the left descending bank. This special local regulation is
needed to safeguard participants of the Pittsburgh Dragon Boat Festival
from the hazards imposed by marine traffic. Entry into the regulated
area is prohibited, unless specifically authorized by the Captain of
the Port Pittsburgh or a designated representative.
DATES: This rule is effective from 11:30 a.m. to 4:30 p.m. on September
18, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0534 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0534 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 ENS Robyn Hoskins, Marine Safety Unit
Pittsburgh, Coast Guard; telephone 412-644-5808 Ext. 2140, e-mail
Robyn.G.Hoskins@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM).
A NPRM would be impracticable with respect to this rule because
immediate action is needed to safeguard participants during the
Pittsburgh Dragon Boat Festival from the hazards imposed by marine
traffic, and re-scheduling the event is contrary to the public interest
of participants, spectators and vendors in having the event proceed as
scheduled.
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 since immediate action is needed to safeguard
participants during the Pittsburgh Dragon Boat Festival from the
hazards imposed by marine traffic, and re-scheduling the event is
contrary to the public interest of participants, spectators and vendors
in having the event proceed as scheduled.
Basis and Purpose
The Coast Guard is establishing a special local regulation from
mile marker 2.2 (Southside Riverfront Park Boat Ramp) on the
Monongahela River to mile marker 2.7 (27th Street), extending 100 feet
out from the left descending bank. This special local regulation is
needed to safeguard participants during the Pittsburgh Dragon Boat
Festival from the hazards imposed by marine traffic.
Discussion of Rule
Vessels shall not enter into, depart from, or move within the
regulated area without permission from the Captain of the Port
Pittsburgh or his authorized representative. Persons or vessels
requiring entry into or passage through the regulated area must request
permission from the Captain of the Port Pittsburgh, or a designated
representative. They may be contacted on VHF-FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley at 1-800-253-7465. This rule is
effective from 11:30 a.m. to 4:30 p.m. on September 18, 2010. The
Captain of the Port Pittsburgh will inform the public through broadcast
notices to mariners of the enforcement period for the special local
regulation as well as any changes in the planned schedule.
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 will be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notices to mariners. The impacts on routine navigation are expected to
be minimal.
[[Page 56867]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
that portion of the waterways from mile marker 2.2 (Southside
Riverfront Park Boat Ramp) on the Monongahela River to mile marker 2.7
(27th Street), extending 100 feet out from the left descending bank,
from 11:30 a.m. to 4:30 p.m. on September 18, 2010.
This regulated area will not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be enforced on a weekend day and when traffic is low.
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)(h) of
the Instruction, and an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
[[Page 56868]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0534 to read as follows:
Sec. 100.T08-0534 Pittsburgh Dragon Boat Festival, Monongahela River,
Pittsburgh, PA.
(a) Location. The following area is a regulated area: All waters of
the Monongahela River, from mile marker 2.2 (Southside Riverfront Park
Boat Ramp) on the Monongahela River to mile marker 2.7 (27th Street),
extending 100 feet out from the left descending bank.
(b) Effective date. This section is effective from 11:30 a.m.
through 4:30 p.m. on September 18, 2010, and each year thereafter on a
date and time published in a Federal Register document.
(c) Periods of enforcement. This section is effective from 11:30
a.m. through 4:30 p.m. on September 18, 2010. The Captain of the Port
Pittsburgh or a designated representative will inform the public
through broadcast notices to mariners of the enforcement period for the
special local regulation as well as any changes in the planned
schedule.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 100.35 of
this part, entry into this area is prohibited unless authorized by the
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry into, departure from, or
passage through a regulated area must request permission from the
Captain of the Port Pittsburgh or a designated representative. They may
be contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector
Ohio Valley at 1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
Dated: August 13, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Pittsburgh.
[FR Doc. 2010-23279 Filed 9-16-10; 8:45 am]
BILLING CODE 9110-04-P
