Security Zone: Passenger Vessels, Sector Southeastern New England Captain of the Port Zone, 63714-63717 [2010-26099]
Download as PDF
<![CDATA[
63714
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
If
you have questions on this rule, call or
e-mail Mr. Jim Wetherington, Bridge
Management Specialist, District 8
Bridge Branch, U.S. Coast Guard;
telephone 504–671–2132 e-mail
james.r.wetherington@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
DEPARTMENT OF HOMELAND
SECURITY
The I–110
(HWY 15) bridge across the Back Bay of
Biloxi, mile 3.0, between Biloxi and
D’Iberville, Harrison County,
Mississippi, has a vertical clearance of
60 feet above mean high water in the
closed position. Presently, the draw
opens on signal if at least six hours
notice is given as required by 33 CFR
117.675(a).
The Mississippi Department of
Transportation requests a deviation to
allow the bridge to remain closed to
marine traffic except for Mondays and
Thursdays at 6 a.m. but only with a 72
hour advanced request to open. The
request should be made by telephone to
877–486–8044. This deviation will
allow the rehabilitation of the bridge to
be completed in a timely fashion. This
rehab is necessary to extend the bridge
life, optimize traffic and boat
operations, and improve overall traffic,
boat and pedestrian safety. Any vessel
that does not require an opening of the
drawspan may pass at any time.
In accordance with 33 CFR
117.261(a), Public vessels of the United
States and tugs with tow must be passed
through the drawspan at any time.
In accordance with 33 CFR
117.31(b)(2), the drawspan shall be
opened for vessels in distress where a
delay would endanger life or property.
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. This deviation may be
terminated/cancelled at anytime via
Broadcast Notice to Mariners.
ACTION:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with RULES
Dated: October 5, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010–26098 Filed 10–15–10; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
16:06 Oct 15, 2010
Jkt 223001
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0866]
Drawbridge Operation Regulation; Des
Allemands Bayou, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the
Burlington Northern Santa Fe Railway
swing bridge across Des Allemands
Bayou, mile 14.0, in St. Charles and
Lafourche Parishes, Louisiana. The
deviation is necessary to perform
extensive rehabilitation to the bridge.
This deviation allows the bridge to
remain closed to navigation completely
from January 18, 2011 through February
22, 2011.
DATES: This deviation is effective from
7 a.m. on Tuesday, January 18, 2011
through 5 p.m. on Tuesday, February
22, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
866 and are available online by going to
https://www.regulations.gov, inserting
USCG–2010–0866 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 rule, call or
e-mail David Frank, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
David.M.Frank@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Burlington Northern Santa Fe Railway
swing span drawbridge across Bayou
Des Allemands, mile 14.0 has a vertical
clearance of three feet above mean high
water in the closed-to-navigation
position and unlimited in the open-tonavigation position. Navigation on the
waterway consists of tugs with tows,
fishing vessels and recreational craft.
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
The Burlington Northern Santa Fe
Railway requested a temporary
deviation for the operation of the
drawbridge to accommodate
maintenance work, involving
replacement of the steel truss members,
stringers, floor beams and railroad ties
and rails, an extensive but necessary
maintenance operation. Presently, the
draw opens on signal Monday through
Friday from 7 a.m. until 3 p.m. At all
other times the draw opens on signal if
at least 4 hours notice is given. This
work is essential for continued safe
operation of the bridge.
The District Commander has,
therefore, issued a deviation from the
regulations in 33 CFR 117.439(b)
authorizing the draw of the Burlington
Northern Santa Fe Railroad swing span
drawbridge to remain closed to
navigation from 7 a.m. on Tuesday,
January 18, 2011 through 5 p.m. on
Tuesday, February 22, 2011.
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.
Dated: October 6, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010–26100 Filed 10–15–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2010–0864]
RIN 1625–AA87
Security Zone: Passenger Vessels,
Sector Southeastern New England
Captain of the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary fixed and
moving security zones around passenger
vessels in the Sector Southeastern New
England Captain of the Port Zone. A
fixed security zone will be in effect
within a maximum 100-yard radius of
any passenger vessel anchored, moored,
or in the process of mooring and a
moving security zone up to 200 yards
for any passenger vessel underway
being escorted by Coast Guard or forces
under Coast Guard control (such as
assisting law enforcement agencies).
These zones are needed to protect
SUMMARY:
E:\FR\FM\18OCR1.SGM
18OCR1
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
passengers, vessels and the public from
destruction, loss, or injury from
sabotage, subversive acts, or other
malicious acts of a similar nature. This
temporary final rule is an interim
measure while a permanent rulemaking
process is pursued separately under
docket USCG–2010–0803.
DATES: This rule is effective in the CFR
from October 18, 2010 until April 1,
2011. This rule is effective with actual
notice for purposes of enforcement from
September 22, 2010, until 8 a.m. on
April 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0864 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0864 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 Mr. Edward G.
LeBlanc at Sector Southeastern New
England; telephone (401) 435–2351,
e-mail Edward.G.LeBlanc@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 these
temporary security zones are a
necessary and key component of the
Coast Guard’s maritime security mission
in Southeastern New England, and a
separate notice of proposed rulemaking
will be pursued, where the public will
be afforded ample opportunity to
comment. Delaying the effective date of
this rule to provide a public notice and
comment period for this temporary final
VerDate Mar<15>2010
16:06 Oct 15, 2010
Jkt 223001
rule is contrary to national security
concerns and the public interest.
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. Any delay encountered in this
temporary rule’s effective date would be
contrary to the public interest given the
need to protect passenger vessels from
destruction, loss, or injury from
sabotage, subversive acts, or other
malicious acts of a similar nature.
Basis and Purpose
The Coast Guard’s maritime security
mission includes the requirement to
protect passenger vessels from
destruction, loss, or injury from
sabotage, subversive acts, or other
malicious acts of a similar nature.
Protecting these vessels from potential
threats or harm while transiting, or
while moored, at any berth, or at anchor
in the waters of Sector Southeastern
New England Captain of The Port Zone
is necessary to safeguard passengers,
vessels, and the general public.
Discussion of Rule
This regulation establishes temporary
fixed security zones that will be in effect
in the navigable waters within a
maximum 100-yard radius around
passenger vessels that are moored, or in
the process of mooring, at any berth or
at anchor within the Sector
Southeastern New England Captain of
the Port Zone. This regulation also
establishes fixed moving security zones
that will be in effect in the navigable
waters up to 200 yards around escorted
passenger vessels while underway in
the navigable waters within the Sector
Southeastern New England Captain of
the Port Zone. The definition of
passenger vessels to which these zones
apply are passenger vessels over 100
gross tons authorized to carry more than
500 passengers for hire making voyages,
any part of which is on the high seas,
and for which passengers are embarked,
disembarked or pay a port call, in the
Sector Southeastern New England
Captain of the Port Zone. These highcapacity passenger vessels typically are
greater than 200 feet in length and have
multiple decks. These security zones are
necessary to safeguard passenger
vessels, persons aboard passenger
vessels, the public, waterways, ports,
and adjacent facilities in the Sector
Southeastern New England Captain of
the Port Zone.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders relating to rulemaking.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
63715
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.
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full regulatory evaluation
under the regulatory policies and
procedures of DHS is unnecessary. The
effect of this rule will not be significant.
Temporary moving security zones will
only be in effect while escorted
passenger vessels are underway, and the
zone will not restrict any waterway for
a long period of time. The vast majority
of passenger vessel transits in the waters
of Sector Southeastern New England
Captain of the Port Zone are less than
two hours. Temporary fixed security
zones around passenger vessels that are
moored, or in the process of mooring, at
any berth or at anchor are anticipated to
have minimal impact on vessel traffic
because such vessels anchored or
moored in designated anchorages or at
waterfront facilities are away from
navigation channels used by mariners.
Additionally, vessels may be permitted
to enter these security zones with
expressed permission of the Captain of
the Port, minimizing any adverse
impact. It has been determined that the
necessary security enhancements
provided by this rule greatly outweigh
any potential negative impacts.
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 may affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit the waters of
Sector Southeastern New England
Captain of the Port Zone while the
E:\FR\FM\18OCR1.SGM
18OCR1
63716
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
security zones are enforced. These
security zones will not have a
significant impact on a substantial
number of small entities for the
following reasons: The moving security
zones will only be enforced when an
escorted passenger vessel is underway,
and such transits in the Sector
Southeastern New England Captain of
the Port Zone are typically less than two
hours in duration; the fixed security
zones around passenger vessels moored,
or in the process of mooring, at a berth
or at anchorage, allow for vessel traffic
to transit the navigable waters outside
the zone. Additionally, vessels may be
permitted to enter these security zones
with the express prior permission of the
Captain of the Port, minimizing any
adverse impact.
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
could better evaluate its effects on them
and participate in the rulemaking
process. If you think your small
business or organization would be
affected by this rule and you have any
questions concerning its provisions or
options for compliance, please call Mr.
Edward G. Leblanc at (401) 435–2351.
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.
jlentini on DSKJ8SOYB1PROD with RULES
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
VerDate Mar<15>2010
16:06 Oct 15, 2010
Jkt 223001
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 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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 which 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 fits
the category selected from paragraph
(34)(g), as it establishes a temporary
security zone for a limited period of
time. A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reports and recordkeeping
requirements, Security measures, and
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:
■
E:\FR\FM\18OCR1.SGM
18OCR1
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0864 to read as
follows:
■
jlentini on DSKJ8SOYB1PROD with RULES
§ 165.T01–0864 Security Zone: Escorted
Passenger Vessels, Sector Southeastern
New England Captain of the Port Zone.
(a) Location. The following areas are
security zones: All navigable waters
within the Sector Southeastern New
England Captain of the Port Zone,
extending from the surface to the sea
floor, that are:
(1) Within a maximum 200-yard
radius of any passenger vessel that is
underway and is under escort of U.S.
Coast Guard law enforcement personnel,
or
(2) Within a maximum 100-yard
radius of any passenger vessel that is
anchored, at any berth, moored, or in
the process of mooring.
(b) Definitions. As used in this
section—
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port to act on his
behalf. The on-scene representative may
be on a Coast Guard vessel, or onboard
a Federal, State, or local agency vessel
that is authorized to act in support of
the Coast Guard.
Passenger vessel means any passenger
vessel over 100 gross tons authorized to
carry more than 500 passengers for hire
making voyages, any part of which is on
the high seas, and for which passengers
are embarked, disembarked or pay a
port call, in the Sector Southeastern
New England Captain of the Port Zone.
Sector Southeastern New England
Captain of the Port Zone means the area
defined in 33 CFR 3.05–20.
(c) Notification. Sector Southeastern
New England Captain of the Port will
give actual notice to mariners for the
purpose of enforcement of this
temporary security zone. In addition,
the Coast Guard will broadcast the area
designated as a security zone for the
duration of the enforcement period via
Broadcast Notice to Mariners.
(d) Effective and enforcement period.
This rule is effective with actual notice
for purposes of enforcement from
September 22, 2010, through 8 a.m. on
April 1, 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into or movement within
these zones is prohibited unless
authorized by the Captain of the Port
Southeastern New England or his
designated representative.
VerDate Mar<15>2010
16:06 Oct 15, 2010
Jkt 223001
(2) All persons and vessels must
comply with the instructions of the
Captain of the Port or his designated
representative. Emergency response
vessels are authorized to move within
the zone, but must abide by the
restrictions imposed by the Captain of
the Port or his designated
representative.
(3) No person may swim upon or
below the surface of the water within
the boundaries of these security zones
unless previously authorized by the
Captain of the Port or his designated
representative.
(4) Upon being hailed by a U.S. Coast
Guard vessel or his designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Vessel operators desiring to enter
or operate within the security zone shall
contact the Captain of the Port or his
designated representative via VHF
channel 16 to obtain permission to do
so.
Dated: September 22, 2010.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port, Southeastern New England.
[FR Doc. 2010–26099 Filed 10–15–10; 8:45 am]
BILLING CODE 9110–04–P
63717
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0319. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0319; FRL–9211–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Amendment to
Consumer Products and Architectural
and Industrial Maintenance Coatings
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania concerning amendments
to the Pennsylvania Consumer Products
and Architectural and Industrial
Maintenance Coatings Regulations. The
SIP revision amends 25 Pa. Code
Chapter 130, Subchapters B and C
(relating to consumer products and
architectural and industrial
maintenance (AIM) coatings) in order to
reduce volatile organic compounds
(VOCs). This action is being taken under
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on November 17, 2010.
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
I. Background
On June 21, 2010 (75 FR 34964), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of a revision of
the Pennsylvania SIP that amends 25
Pa. Code Chapter 130, Subchapters B by
adding VOC content limits for an
additional 11 categories of consumer
products and revising the VOC content
limits for one category of consumer
products currently regulated. The NPR
also proposed approval of amendments
to the SIP that add definitions for
approximately 30 new terms and
amends definitions for approximately
75 existing terms in order to provide
clarity. Additionally, the term ‘‘VOCvolatile organic compound’’ is added to
Subchapter B. The NPR proposed
approval of a revision to the SIP that
changes the definition of the term
‘‘VOC—volatile organic compound’’ in
Subchapter C (relating to AIM coatings)
to mirror the definition of the term in 25
Pa. Code Chapter 121 (relating to
definitions). EPA received no comments
on the NPR that proposed approval of
Pennsylvania’s SIP revision. The formal
SIP revision was submitted by the
Commonwealth of Pennsylvania on
March 11, 2009.
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Rules and Regulations]
[Pages 63714-63717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26099]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2010-0864]
RIN 1625-AA87
Security Zone: Passenger Vessels, Sector Southeastern New England
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary fixed and moving
security zones around passenger vessels in the Sector Southeastern New
England Captain of the Port Zone. A fixed security zone will be in
effect within a maximum 100-yard radius of any passenger vessel
anchored, moored, or in the process of mooring and a moving security
zone up to 200 yards for any passenger vessel underway being escorted
by Coast Guard or forces under Coast Guard control (such as assisting
law enforcement agencies). These zones are needed to protect
[[Page 63715]]
passengers, vessels and the public from destruction, loss, or injury
from sabotage, subversive acts, or other malicious acts of a similar
nature. This temporary final rule is an interim measure while a
permanent rulemaking process is pursued separately under docket USCG-
2010-0803.
DATES: This rule is effective in the CFR from October 18, 2010 until
April 1, 2011. This rule is effective with actual notice for purposes
of enforcement from September 22, 2010, until 8 a.m. on April 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0864 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0864 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 Mr. Edward G. LeBlanc at Sector
Southeastern New England; telephone (401) 435-2351, e-mail
Edward.G.LeBlanc@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 these temporary security zones are a
necessary and key component of the Coast Guard's maritime security
mission in Southeastern New England, and a separate notice of proposed
rulemaking will be pursued, where the public will be afforded ample
opportunity to comment. Delaying the effective date of this rule to
provide a public notice and comment period for this temporary final
rule is contrary to national security concerns and the public interest.
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. Any delay encountered in this
temporary rule's effective date would be contrary to the public
interest given the need to protect passenger vessels from destruction,
loss, or injury from sabotage, subversive acts, or other malicious acts
of a similar nature.
Basis and Purpose
The Coast Guard's maritime security mission includes the
requirement to protect passenger vessels from destruction, loss, or
injury from sabotage, subversive acts, or other malicious acts of a
similar nature. Protecting these vessels from potential threats or harm
while transiting, or while moored, at any berth, or at anchor in the
waters of Sector Southeastern New England Captain of The Port Zone is
necessary to safeguard passengers, vessels, and the general public.
Discussion of Rule
This regulation establishes temporary fixed security zones that
will be in effect in the navigable waters within a maximum 100-yard
radius around passenger vessels that are moored, or in the process of
mooring, at any berth or at anchor within the Sector Southeastern New
England Captain of the Port Zone. This regulation also establishes
fixed moving security zones that will be in effect in the navigable
waters up to 200 yards around escorted passenger vessels while underway
in the navigable waters within the Sector Southeastern New England
Captain of the Port Zone. The definition of passenger vessels to which
these zones apply are passenger vessels over 100 gross tons authorized
to carry more than 500 passengers for hire making voyages, any part of
which is on the high seas, and for which passengers are embarked,
disembarked or pay a port call, in the Sector Southeastern New England
Captain of the Port Zone. These high-capacity passenger vessels
typically are greater than 200 feet in length and have multiple decks.
These security zones are necessary to safeguard passenger vessels,
persons aboard passenger vessels, the public, waterways, ports, and
adjacent facilities in the Sector Southeastern New England Captain of
the Port Zone.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders relating 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.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. The effect of this rule will not
be significant. Temporary moving security zones will only be in effect
while escorted passenger vessels are underway, and the zone will not
restrict any waterway for a long period of time. The vast majority of
passenger vessel transits in the waters of Sector Southeastern New
England Captain of the Port Zone are less than two hours. Temporary
fixed security zones around passenger vessels that are moored, or in
the process of mooring, at any berth or at anchor are anticipated to
have minimal impact on vessel traffic because such vessels anchored or
moored in designated anchorages or at waterfront facilities are away
from navigation channels used by mariners. Additionally, vessels may be
permitted to enter these security zones with expressed permission of
the Captain of the Port, minimizing any adverse impact. It has been
determined that the necessary security enhancements provided by this
rule greatly outweigh any potential negative impacts.
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 may affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit the waters of Sector Southeastern New England Captain of the
Port Zone while the
[[Page 63716]]
security zones are enforced. These security zones will not have a
significant impact on a substantial number of small entities for the
following reasons: The moving security zones will only be enforced when
an escorted passenger vessel is underway, and such transits in the
Sector Southeastern New England Captain of the Port Zone are typically
less than two hours in duration; the fixed security zones around
passenger vessels moored, or in the process of mooring, at a berth or
at anchorage, allow for vessel traffic to transit the navigable waters
outside the zone. Additionally, vessels may be permitted to enter these
security zones with the express prior permission of the Captain of the
Port, minimizing any adverse impact.
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 could better evaluate
its effects on them and participate in the rulemaking process. If you
think your small business or organization would be affected by this
rule and you have any questions concerning its provisions or options
for compliance, please call Mr. Edward G. Leblanc at (401) 435-2351.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which 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 fits the category selected from
paragraph (34)(g), as it establishes a temporary security zone for a
limited period of time. A final ``Environmental Analysis Check List''
and a final ``Categorical Exclusion Determination'' will be available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, and 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:
[[Page 63717]]
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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0864 to read as follows:
Sec. 165.T01-0864 Security Zone: Escorted Passenger Vessels, Sector
Southeastern New England Captain of the Port Zone.
(a) Location. The following areas are security zones: All navigable
waters within the Sector Southeastern New England Captain of the Port
Zone, extending from the surface to the sea floor, that are:
(1) Within a maximum 200-yard radius of any passenger vessel that
is underway and is under escort of U.S. Coast Guard law enforcement
personnel, or
(2) Within a maximum 100-yard radius of any passenger vessel that
is anchored, at any berth, moored, or in the process of mooring.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port to act on his behalf. The on-scene representative may be on a
Coast Guard vessel, or onboard a Federal, State, or local agency vessel
that is authorized to act in support of the Coast Guard.
Passenger vessel means any passenger vessel over 100 gross tons
authorized to carry more than 500 passengers for hire making voyages,
any part of which is on the high seas, and for which passengers are
embarked, disembarked or pay a port call, in the Sector Southeastern
New England Captain of the Port Zone.
Sector Southeastern New England Captain of the Port Zone means the
area defined in 33 CFR 3.05-20.
(c) Notification. Sector Southeastern New England Captain of the
Port will give actual notice to mariners for the purpose of enforcement
of this temporary security zone. In addition, the Coast Guard will
broadcast the area designated as a security zone for the duration of
the enforcement period via Broadcast Notice to Mariners.
(d) Effective and enforcement period. This rule is effective with
actual notice for purposes of enforcement from September 22, 2010,
through 8 a.m. on April 1, 2011.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within these zones is
prohibited unless authorized by the Captain of the Port Southeastern
New England or his designated representative.
(2) All persons and vessels must comply with the instructions of
the Captain of the Port or his designated representative. Emergency
response vessels are authorized to move within the zone, but must abide
by the restrictions imposed by the Captain of the Port or his
designated representative.
(3) No person may swim upon or below the surface of the water
within the boundaries of these security zones unless previously
authorized by the Captain of the Port or his designated representative.
(4) Upon being hailed by a U.S. Coast Guard vessel or his
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed.
(5) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port or his designated
representative via VHF channel 16 to obtain permission to do so.
Dated: September 22, 2010.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2010-26099 Filed 10-15-10; 8:45 am]
BILLING CODE 9110-04-P
