Great Mississippi Balloon Race and Fireworks Safety Zone; Lower Mississippi River, Mile Marker 365.5 to Mile Marker 363, Natchez, MS, 63086-63088 [2010-25804]
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63086
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
inseminated at the immediately
preceding estrus.
(iii) Limitations. Do not use in beef or
dairy heifers of insufficient size or age
for breeding or in animals with
abnormal, immature, or infected genital
tracts. Do not use in beef cows that are
fewer than 20 days postpartum. Do not
use an insert more than once. To
prevent the potential transmission of
venereal and bloodborne diseases, the
inserts should be disposed after a single
use. Administration of vaginal inserts
for periods greater than 7 days may
result in reduced fertility. Dinoprost
solution provided by No. 000009 in
§ 510.600(c) of this chapter.
*
*
*
*
*
Dated: October 8, 2010.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2010–25893 Filed 10–13–10; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0912]
Drawbridge Operation Regulations;
Duluth Ship Canal (Duluth-Superior
Harbor).
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
Commander, Ninth Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Duluth Ship Canal
Aerial Bridge at Mile 0.1 over the
Duluth Ship Canal, at Duluth, MN, for
scheduled maintenance. During this
temporary deviation the bridge will be
secured to masted navigation. Vessels
that can pass under the bridge without
an opening may do so at any time.
DATES: This deviation is effective from
6 a.m. on January 14, 2011 to 10 a.m.
on March 14, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0912 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0912 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.,
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:06 Oct 13, 2010
Jkt 223001
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this rule, call or
e-mail Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone 216–902–
6085, e-mail; lee.d.soule@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
FOR FURTHER INFORMATION CONTACT:
The City
of Duluth, MN, who owns and operates
this drawbridge, has requested a
temporary deviation from the current
operating regulations set forth in 33 CFR
117.661. The purpose of this request is
to facilitate structural maintenance of
the bridge superstructure. The bridge is
normally required to open if at least 24
hours advance notice is provided during
the scheduled maintenance period.
Vessels that can pass under the bridge
without an opening may do so at any
time. The bridge has a horizontal
clearance of 300 feet and a vertical
clearance of 15 feet in the closed
position. Mariners that require passage
between the harbor and Lake Superior
with an air draft greater than 15 feet
may use the Superior Entrance Channel,
Superior, Wisconsin at any time. Impact
to masted navigation is mitigated by the
close proximity of an alternate route and
the reduced navigational needs in the
harbor during the winter. The most
updated and detailed marine
information for this event, and all bridge
operations, is found in the Local Notice
to Mariners and Broadcast Notice to
Mariners issued by the Coast Guard.
From 6 a.m. on January 14, 2011 to 10
a.m. on March 14, 2011 the bridge need
not open for any vessel. In accordance
with 33 CFR 117.35(e), the drawbridge
must return to its regular operating
schedule immediately at the end of the
designated time period. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: September 28, 2010.
Scot M. Striffler,
Bridge Program Manager, Ninth Coast Guard
District.
[FR Doc. 2010–25805 Filed 10–13–10; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0873]
RIN 1625–AA00
Great Mississippi Balloon Race and
Fireworks Safety Zone; Lower
Mississippi River, Mile Marker 365.5 to
Mile Marker 363, Natchez, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Lower Mississippi
River from mile marker 365.5 to 363
extending the entire width of the river.
This safety zone is needed to protect
persons and vessels from the potential
safety hazards associated with a
fireworks display and low flying hot air
balloons transiting across the Lower
Mississippi River. Entry into this zone
is prohibited to all vessels, mariners,
and persons unless specifically
authorized by the Captain of the Port
(COTP) Lower Mississippi River or a
designated representative. The COTP
Lower Mississippi River or a designated
representative must authorize vessels
that desire to operate in this zone.
DATES: This rule is effective from 7:15
p.m. on October 15, 2010, until 6 p.m.
on October 16, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0873 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0873 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant Junior
Grade Jason Erickson, Coast Guard;
telephone 901–521–4753, e-mail
Jason.A.Erickson@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
Regulatory Information
Regulatory Analyses
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. Publishing an
NPRM would be impracticable in this
situation because immediate action is
needed to protect the participants in the
fireworks display, spectators, and
mariners from the safety hazards
associated with a fireworks display and
low flying hot air balloons transiting
over a confined waterway.
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. This is because immediate
action is needed to protect the
participants in the fireworks display,
spectators, and mariners from the safety
hazards associated with a fireworks
display and low flying hot air balloons
transiting over a confined waterway.
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.
Basis and Purpose
On September 13, 2010, the Coast
Guard received an Application for
Approval of Marine Event for a
fireworks display and a hot air balloon
race on the Lower Mississippi River.
This safety zone is needed to protect
participants, spectators, and other
mariners from the possible hazards
associated with a fireworks show and
hot air balloon race taking place on the
Lower Mississippi River. The fallout
zone extends into the navigable channel
of the river.
emcdonald on DSK2BSOYB1PROD with RULES
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for the
Mississippi River, extending from mile
marker 363 to mile marker 365.5. Entry
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Lower Mississippi River or a
designated representative.
The Captain of the Port may be
contacted by telephone at (901) 521–
4822. This rule will be enforced from
7:15 p.m. until 8:45 p.m., local time, on
October 15, 2010 and from 4:15 p.m.
until 6 p.m., local time, on October 16,
2010.
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16:06 Oct 13, 2010
Jkt 223001
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 regulation will only be in effect
for a short period of time on both days
and notifications to the marine
community will be made through
broadcast notice to mariners. The
impacts on routine navigation are
expected to be minimal.
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 Lower
Mississippi River between mile marker
363 and mile marker 365.5, effective
from 7:15 p.m. to 8:45 p.m., local time,
on October 15, 2010 and 4:15 p.m. to
6 p.m., local time, on October 16, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities
because this rule will only be in effect
for two hours on each day the event is
occurring. In addition, the common
vessel traffic in this area is limited
almost entirely to recreational vessels
and commercial towing vessels.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
PO 00000
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63087
qualifies and how and to what degree
this rule would economically affect it.
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
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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
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.
emcdonald on DSK2BSOYB1PROD with RULES
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
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16:06 Oct 13, 2010
Jkt 223001
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves a fireworks display that is not
expected to result in any significant
adverse environmental impact as
described in NEPA.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
and from 4:15 p.m. to 6 p.m., local time,
on October 16, 2010.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Lower Mississippi
River or a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Lower Mississippi River or a
designated representative. They may be
contacted on VHF–FM channels 16 or
by telephone at (901) 521–4822.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Lower Mississippi
River and designated personnel.
Designated personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Informational Broadcasts. The
Captain of the Port, Lower Mississippi
River will inform the public when safety
zones have been established via
Broadcast Notice to Mariners.
Dated: September 16, 2010.
Michael Gardiner,
Captain, U.S. Coast Guard, Captain of the
Port, Lower Mississippi River.
[FR Doc. 2010–25804 Filed 10–13–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
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.
[Docket No. FWS–R7–SM–2009–0052;
70101–1261–0000L6]
2. A new temporary § 165.T08–0873 is
added to read as follows:
Subsistence Management Regulations
for Public Lands in Alaska, Subpart B;
Special Actions
■
§ 165.T08–0873 Great Mississippi Balloon
Race and Fireworks Safety Zone; the
Mississippi River, extending from mile
marker 363 to mile marker 365.5, in the
vicinity of Natchez, MS.
(a) Location. The following area is a
safety zone: those waters of the Lower
Mississippi River, beginning at mile
marker 363 and ending at mile marker
365.5, extending the entire width of the
river.
(b) Enforcement Period. This section
will be enforced from 7:15 p.m. to 8:45
p.m., local time, on October 15, 2010
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RIN 1018–AW77
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
This final rule amends the
regulations that manage the taking of
wildlife and fish in Alaska for
subsistence purposes. In particular, the
Federal Subsistence Board’s (Board)
process of accepting and addressing
special action requests is clarified, along
with the role of the Regional Advisory
Councils in the special action process.
SUMMARY:
E:\FR\FM\14OCR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Rules and Regulations]
[Pages 63086-63088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25804]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0873]
RIN 1625-AA00
Great Mississippi Balloon Race and Fireworks Safety Zone; Lower
Mississippi River, Mile Marker 365.5 to Mile Marker 363, Natchez, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Lower Mississippi River from mile marker 365.5 to 363
extending the entire width of the river. This safety zone is needed to
protect persons and vessels from the potential safety hazards
associated with a fireworks display and low flying hot air balloons
transiting across the Lower Mississippi River. Entry into this zone is
prohibited to all vessels, mariners, and persons unless specifically
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative. The COTP Lower Mississippi River or a
designated representative must authorize vessels that desire to operate
in this zone.
DATES: This rule is effective from 7:15 p.m. on October 15, 2010, until
6 p.m. on October 16, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0873 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0873 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Jason Erickson,
Coast Guard; telephone 901-521-4753, e-mail Jason.A.Erickson@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 63087]]
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. Publishing an NPRM would be impracticable in
this situation because immediate action is needed to protect the
participants in the fireworks display, spectators, and mariners from
the safety hazards associated with a fireworks display and low flying
hot air balloons transiting over a confined waterway.
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. This is because immediate action
is needed to protect the participants in the fireworks display,
spectators, and mariners from the safety hazards associated with a
fireworks display and low flying hot air balloons transiting over a
confined waterway.
Basis and Purpose
On September 13, 2010, the Coast Guard received an Application for
Approval of Marine Event for a fireworks display and a hot air balloon
race on the Lower Mississippi River. This safety zone is needed to
protect participants, spectators, and other mariners from the possible
hazards associated with a fireworks show and hot air balloon race
taking place on the Lower Mississippi River. The fallout zone extends
into the navigable channel of the river.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for the
Mississippi River, extending from mile marker 363 to mile marker 365.5.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port Lower Mississippi River or a designated
representative.
The Captain of the Port may be contacted by telephone at (901) 521-
4822. This rule will be enforced from 7:15 p.m. until 8:45 p.m., local
time, on October 15, 2010 and from 4:15 p.m. until 6 p.m., local time,
on October 16, 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 regulation will only be in effect for a short period of time
on both days and notifications to the marine community will be made
through broadcast notice to mariners. The impacts on routine navigation
are expected to be minimal.
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 Lower Mississippi River between mile marker 363 and mile
marker 365.5, effective from 7:15 p.m. to 8:45 p.m., local time, on
October 15, 2010 and 4:15 p.m. to 6 p.m., local time, on October 16,
2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities because this rule will only be in
effect for two hours on each day the event is occurring. In addition,
the common vessel traffic in this area is limited almost entirely to
recreational vessels and commercial towing vessels.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
[[Page 63088]]
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves a fireworks display that is not
expected to result in any significant adverse environmental impact as
described in NEPA.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. A new temporary Sec. 165.T08-0873 is added to read as follows:
Sec. 165.T08-0873 Great Mississippi Balloon Race and Fireworks Safety
Zone; the Mississippi River, extending from mile marker 363 to mile
marker 365.5, in the vicinity of Natchez, MS.
(a) Location. The following area is a safety zone: those waters of
the Lower Mississippi River, beginning at mile marker 363 and ending at
mile marker 365.5, extending the entire width of the river.
(b) Enforcement Period. This section will be enforced from 7:15
p.m. to 8:45 p.m., local time, on October 15, 2010 and from 4:15 p.m.
to 6 p.m., local time, on October 16, 2010.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Lower Mississippi River or a
designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Lower
Mississippi River or a designated representative. They may be contacted
on VHF-FM channels 16 or by telephone at (901) 521-4822.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Lower Mississippi River and designated
personnel. Designated personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(d) Informational Broadcasts. The Captain of the Port, Lower
Mississippi River will inform the public when safety zones have been
established via Broadcast Notice to Mariners.
Dated: September 16, 2010.
Michael Gardiner,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2010-25804 Filed 10-13-10; 8:45 am]
BILLING CODE 9110-04-P
