Safety Zone; CLS Fall Championship Hydroplane Race, Lake Sammamish, WA, 57167-57169 [2010-23358]

Download as PDF jdjones on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations confidentiality to persons providing information concerning a candidate for position. Inability to maintain such confidentiality would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability. (3) From subsection (e)(1) (maintain only relevant and necessary records) because it is not always possible to establish relevance and necessity before all information is considered and evaluated in relation to an intelligence concern. In the absence of a national security basis for exemption under subsection (k)(1), records in this system may be exempted from the relevance requirement pursuant to subsection (k)(5) because it is not possible to determine in advance what exact information may assist in determining the qualifications and suitability of a candidate for position. Seemingly irrelevant details, when combined with other data, can provide a useful composite for determining whether a candidate should be appointed. (4) From subsections (e)(4)(G) and (H) (publication of procedures for notifying subjects of the existence of records about them and how they may access records and contest contents) because the system is exempted from subsection (d) provisions regarding access and amendment, and from the subsection (f) requirement to promulgate agency rules. Nevertheless, the ODNI has published notice concerning notification, access, and contest procedures because it may in certain circumstances determine it appropriate to provide subjects access to all or a portion of the records about them in a system of records. (5) From subsection (e)(4)(I) (identifying sources of records in the system of records) because identifying sources could result in disclosure of properly classified national defense or foreign policy information, intelligence sources and methods, and investigatory techniques and procedures. Notwithstanding its proposed exemption from this requirement, ODNI identifies record sources in broad categories sufficient to provide general notice of the origins of the information it maintains in its systems of records. (6) From subsection (f) (agency rules for notifying subjects to the existence of records about them, for accessing and amending records, and for assessing fees) because the system is exempt from subsection (d) provisions regarding access and amendment of records by record subjects. Nevertheless, the ODNI has published agency rules concerning notification of a subject in response to his request if any system of records named by the subject contains a record VerDate Mar<15>2010 13:28 Sep 17, 2010 Jkt 220001 pertaining to him and procedures by which the subject may access or amend the records. Notwithstanding exemption, the ODNI may determine it appropriate to satisfy a record subject’s access request. Dated: September 10, 2010. John F. Kimmons, Lieutenant General, USA, Director of the Intelligence Staff. [FR Doc. 2010–23320 Filed 9–17–10; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0842] RIN 1625–AA00 Safety Zone; CLS Fall Championship Hydroplane Race, Lake Sammamish, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Lake Sammamish, WA for the Composite Laminate Specialties (CLS) Fall Championship Hydroplane Race. This action is necessary to ensure public safety from the intrinsic dangers associated with high-speed races while ensuring unencumbered access for rescue personnel in the event of an emergency. During the enforcement period, no person or vessel will be allowed to enter the safety zone without the permission of the Captain of the Port or Designated Representative. DATES: This rule is effective from 9 a.m. on October 1, 2010, through 7 p.m. on October 3, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0842 and are available online by going to https://www.regulations.gov, inserting USCG–2010–0842 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 LTJG Ashley M. Wanzer, Sector Puget Sound Waterways SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 57167 Management Division, 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: 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 to do so would be impracticable since the Hydroplane Races would be over by the time the notice could be published and comments taken. 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 cause a safety hazard to the public. Basis and Purpose This temporary safety zone is necessary to ensure the safety of participants, vessels and spectators from hazards associated with high-speed hydroplane races. Hydroplane races have the potential to result in serious injuries or fatalities. This rule is intended to restrict vessels, vessel operators, and swimmers from entering the designated hydroplane race area during times of enforcement of this zone. Discussion of Rule Hydroplane races pose significant risks to participants, spectators and the boating public because of the large number of spectators, and vessel congestion occurring in the vicinity of the hydroplane race course. This rule establishes a safety zone on Lake Sammamish, WA encompassed by all waters south to land from a line starting at 47° 33.810′ N. 122° 04.810′ W. then east to 47° 33.810′ N. 122° 03.674′ W. This temporary safety zone is necessary E:\FR\FM\20SER1.SGM 20SER1 57168 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations to ensure the safety of participants, spectators and vessels from hazards associated with high-speed hydroplane races. The rule will be enforced from 9 a.m. through 7 p.m. on each day from October 1 through October 4, 2010. 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 is short in duration and minimal in size. jdjones on DSK8KYBLC1PROD with RULES 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 the affected portion of Lake Sammamish during times of enforcement of this safety zone. This rule will not have a significant effect or economic impact on those small entities because this safety zone is located in a remote area with low vessel traffic, is short in duration and limited in size. 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 VerDate Mar<15>2010 13:28 Sep 17, 2010 Jkt 220001 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20SER1.SGM 20SER1 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations (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 the establishment of a temporary safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. Dated: September 2, 2010. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. List of Subjects in 33 CFR Part 165 RIN 2070–AB27 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165, as follows: Significant New Use Rules on Certain Chemical Substances 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Add § 165.T13–162 to read as follows: ■ § 165.T13–162 Safety Zone; Composite Laminate Specialties Fall Championship Hydroplane Race, Lake Sammamish, WA jdjones on DSK8KYBLC1PROD with RULES 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2009–922; FRL–8839–7] EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 25 chemical substances which were the subject of premanufacture notices (PMNs). One of these chemical substances is subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. SUMMARY: 1. The authority citation for part 165 continues to read as follows: (a) Location. All waters encompassed on the waters of Lake Sammamish, WA, south to land from a line starting at 47° 33.810′ N 122° 04.810′ W then east to 47° 33.810′ N 122° 03.674′ W. (b) Regulations. In accordance with the general regulations in 33 CFR Part 165, Subpart C, no vessel operator may enter or remain in the safety zone without the permission of the Captain of the Port or Designated Representative. The Captain of the Port may be assisted by other federal, state, or local agencies with the enforcement of the safety zone. (c) Authorization. All vessel operators who desire to enter the safety zone must obtain permission from the Captain of the Port or Designated Representative by contacting the on-scene patrol craft. Vessel operators granted permission to enter the zone will be escorted by the on-scene patrol craft until they are outside of the safety zone. (d) Enforcement Period. This rule is effective from 9 a.m. to 7 p.m. on October 1 through October 3, 2010, unless canceled sooner by the Captain of the Port, Puget Sound. Jkt 220001 ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Direct final rule. ■ 13:28 Sep 17, 2010 BILLING CODE 9110–04–P AGENCY: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Mar<15>2010 [FR Doc. 2010–23358 Filed 9–17–10; 8:45 am] This rule is effective on November 19, 2010. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on October 4, 2010. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before October 20, 2010 (see Unit VI. of the SUPPLEMENTARY INFORMATION). For additional information on related reporting requirement dates, see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2009–922, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental DATES: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 57169 Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA–HQ–OPPT–2009–922. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPPT– 2009–922. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at https://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Rules and Regulations]
[Pages 57167-57169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23358]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0842]
RIN 1625-AA00


Safety Zone; CLS Fall Championship Hydroplane Race, Lake 
Sammamish, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Sammamish, WA for the Composite Laminate Specialties 
(CLS) Fall Championship Hydroplane Race. This action is necessary to 
ensure public safety from the intrinsic dangers associated with high-
speed races while ensuring unencumbered access for rescue personnel in 
the event of an emergency. During the enforcement period, no person or 
vessel will be allowed to enter the safety zone without the permission 
of the Captain of the Port or Designated Representative.

DATES: This rule is effective from 9 a.m. on October 1, 2010, through 7 
p.m. on October 3, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0842 and are available online 
by going to https://www.regulations.gov, inserting USCG-2010-0842 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 LTJG Ashley M. Wanzer, Sector Puget 
Sound Waterways Management Division, 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:

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 to do so would be impracticable since 
the Hydroplane Races would be over by the time the notice could be 
published and comments taken.
    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 cause a safety hazard to the public.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of 
participants, vessels and spectators from hazards associated with high-
speed hydroplane races. Hydroplane races have the potential to result 
in serious injuries or fatalities. This rule is intended to restrict 
vessels, vessel operators, and swimmers from entering the designated 
hydroplane race area during times of enforcement of this zone.

Discussion of Rule

    Hydroplane races pose significant risks to participants, spectators 
and the boating public because of the large number of spectators, and 
vessel congestion occurring in the vicinity of the hydroplane race 
course. This rule establishes a safety zone on Lake Sammamish, WA 
encompassed by all waters south to land from a line starting at 47[deg] 
33.810' N. 122[deg] 04.810' W. then east to 47[deg] 33.810' N. 122[deg] 
03.674' W. This temporary safety zone is necessary

[[Page 57168]]

to ensure the safety of participants, spectators and vessels from 
hazards associated with high-speed hydroplane races. The rule will be 
enforced from 9 a.m. through 7 p.m. on each day from October 1 through 
October 4, 2010.

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 is short in duration and minimal in size.

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 the affected portion of Lake Sammamish during times of 
enforcement of this safety zone. This rule will not have a significant 
effect or economic impact on those small entities because this safety 
zone is located in a remote area with low vessel traffic, is short in 
duration and limited in size.

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

[[Page 57169]]

(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 the establishment of a temporary safety zone. 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 record 
keeping 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, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

0
2. Add Sec.  165.T13-162 to read as follows:


Sec.  165.T13-162  Safety Zone; Composite Laminate Specialties Fall 
Championship Hydroplane Race, Lake Sammamish, WA

    (a) Location. All waters encompassed on the waters of Lake 
Sammamish, WA, south to land from a line starting at 47[deg] 33.810' N 
122[deg] 04.810' W then east to 47[deg] 33.810' N 122[deg] 03.674' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel operator may enter or remain in the 
safety zone without the permission of the Captain of the Port or 
Designated Representative. The Captain of the Port may be assisted by 
other federal, state, or local agencies with the enforcement of the 
safety zone.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting the on-scene patrol craft. 
Vessel operators granted permission to enter the zone will be escorted 
by the on-scene patrol craft until they are outside of the safety zone.
    (d) Enforcement Period. This rule is effective from 9 a.m. to 7 
p.m. on October 1 through October 3, 2010, unless canceled sooner by 
the Captain of the Port, Puget Sound.

    Dated: September 2, 2010.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-23358 Filed 9-17-10; 8:45 am]
BILLING CODE 9110-04-P
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