Safety Zone; CLS Fall Championship Hydroplane Race, Lake Sammamish, WA, 57167-57169 [2010-23358]
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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
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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:
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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
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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
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Fmt 4700
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
