Safety Zone; Mississippi River, Mile 842.0 to 839.5, 7515-7518 [2011-2860]
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules
shield to detect cracking and holes; do all
applicable repairs; and install the MEC drip
shield panel stiffeners and the fiberglass
reinforcing overcoat to the MEC drip shield;
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
747–25A3588, dated July 19, 2010. Do all
applicable repairs before further flight.
(2) For Group 2 airplanes, as identified in
Boeing Alert Service Bulletin 747–25A3588,
dated July 19, 2010: Do a general visual
inspection of the MEC drip shield to detect
cracking and holes; do all applicable repairs;
and install the fiberglass reinforcing overcoat
to the MEC drip shield; in accordance with
the Accomplishment Instructions of Boeing
Alert Service Bulletin 747–25A3588, dated
July 19, 2010. Do all applicable repairs before
further flight.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Related Information
(i) For more information about this AD,
contact Marcia Smith, Aerospace Engineer,
Cabin Safety & Environmental Systems
Branch, ANM–150S FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; phone: 425–917–6484; fax: 425–917–
6590; e-mail: marcia.smith@faa.gov.
(j) For service information identified in this
AD, contact Boeing Commercial Airplanes,
Attention: Data & Services Management, P.O.
Box 3707, MC 2H–65, Seattle, Washington
98124–2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet https://
www.myboeingfleet.com. You may review
copies of the referenced service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
Issued in Renton, Washington, on February
3, 2011.
Ali Bahrami,
Manager,Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–2952 Filed 2–9–11; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2010–0582; Airspace
Docket No. 10–AEA–15]
Proposed Establishment of Class E
Airspace; Kenbridge, VA
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); withdrawal.
7515
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
Issued in College Park, Georgia, on January
25, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2011–2986 Filed 2–9–11; 8:45 am]
BILLING CODE 4910–13–P
AGENCY:
This action withdraws the
NPRM published in the Federal
Register on November 29, 2010, which
proposed to establish Class E airspace at
Lunenburg County Airport, Kenbridge,
VA. The NPRM is being withdrawn as
a portion of the proposed airspace was
not included. A new rulemaking will be
forthcoming to correctly establish the
new airspace.
DATES: Effective 0901 UTC, February 10,
2011, the proposed rule published
November 29, 2010, at 75 FR 73016, is
withdrawn.
FOR FURTHER INFORMATION CONTACT:
Richard Horrocks, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5588.
SUPPLEMENTARY INFORMATION:
SUMMARY:
History
On November 29, 2010, a NPRM was
published in the Federal Register to
establish Class E airspace at Kenbridge,
VA to accommodate special standard
instrument approach procedure for
Lunenburg County Airport (75 FR
73016) Docket No. FAA–2010–0582.
After publication the FAA found that
the airspace description in the proposed
rule inadvertently excluded extensions
necessary for the airport legal
description. To avoid confusion this
proposed rule is being withdrawn and
will be established under another
rulemaking.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
The Withdrawal
Accordingly, pursuant to the
authority delegated to me, the Notice of
Proposed Rulemaking, Airspace Docket
No. 10–AEA–15, as published in the
Federal Register on November 29, 2010
(75 FR 73016) (FR Doc. 2010–0582), is
hereby withdrawn.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1097]
RIN 1625–AA00
Safety Zone; Mississippi River, Mile
842.0 to 839.5
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, Mile 842.0 to 839.5, extending the
entire width of the river. This safety
zone is needed to protect participants
and event personnel during the swim
leg of the OptumHealth Half Iron
Triathlon occurring in the Upper
Mississippi River. Entry into this zone
would be prohibited unless specifically
authorized by the Captain of the Port
Upper Mississippi River or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 14, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–1097 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
SUMMARY:
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Lieutenant (LT) Rob
McCaskey, Sector Upper Mississippi
River Response Department at telephone
314–269–2541, e-mail
Rob.E.McCaskey@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1097),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–1097’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
electronic filing. If you submit
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comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
marker 839.5 on the Upper Mississippi
River, extending the entire width of the
river. This safety zone is necessary to
protect the safety of participants, event
personnel, spectators, and other users
and vessels of the Upper Mississippi
River during the swim leg of the
OptumHealth Half Iron Triathlon.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
1097’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Discussion of Proposed Rule
The Coast Guard is proposing to
establish a safety zone for all waters of
the Upper Mississippi River, Mile 842.0
to 839.5, extending the entire width of
the river. Entry into, transiting through,
or anchoring within this zone would be
prohibited to all vessels and persons
except participants and those persons
and vessels specifically authorized by
the Captain of the Port Upper
Mississippi River. We are proposing an
effective period from 6:30 a.m. until
10:30 a.m. CST July 24, 2011. The
Captain of the Port Upper Mississippi
River will inform the public through
broadcast notice to mariners of all safety
zone changes and enforcement periods.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before February 25, 2011,
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LT Rob
McCaskey at the telephone number or
e-mail address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Background and Purpose
On July 24, 2011, OptumHealth will
be sponsoring a Half Iron Triathlon.
There will be approximately 2,000
participants swimming the 1.2 mile
course. A safety zone will be established
at mile marker 842.0 and extend to mile
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Regulatory Analyses
We developed this proposed 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 proposed 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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This rule would be in effect for
only a short period of time during the
swim leg of the OptumHealth Half Iron
Triathlon. Vessels that need to enter the
safety zone may request permission to
do so from the Captain of the Port Upper
Mississippi River.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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.
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The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would 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 Upper Mississippi River, Mile 842.0
to 839.5 from 6:30 a.m. until 10:30 a.m.
CST on July 24, 2011. This safety zone
would not have a significant economic
impact on a substantial number of small
entities for the following reason: (1)
This rule would only be in effect for a
limited period of time.
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 want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact 1–888–REG–
FAIR (1–888–734–3247). The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Collection of Information
This proposed rule would call 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 proposed 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
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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.
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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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. We believe
this rule is categorically excluded,
under figure 2–1, paragraph (34)(g), of
the Instruction. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a safety
zone. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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 proposes to
amend 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:
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;
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
(2) Add § 165.T08–1097 to read as
follows:
§ 165.T08–1097 Safety Zone; Upper
Mississippi River, Mile 842.0 to 839.5.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River, Mile 842.0 to 839.5
extending the entire width of the
waterway.
(b) Effective date. This rule is effective
from 6:30 a.m. until 10:30 a.m. on July
24, 2011.
(c) Periods of Enforcement. This rule
will be enforced from 6:30 a.m. until
10:30 a.m. CST on July 24, 2011. The
Captain of the Port Upper Mississippi
River will inform the public through
broadcast notice to mariners of all safety
zone changes and enforcement periods.
(d) 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 Upper 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 Upper Mississippi River or a
designated representative. The Captain
of the Port Upper Mississippi River
representative may be contacted at 314–
269–2332.
(3) All persons and vessels must
comply with the instruction of the
Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives includes United States
Coast Guard commissioned, warrant,
and petty officers of the U.S. Coast
Guard.
Dated: January 25, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2011–2860 Filed 2–9–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
[EPA–R10–OAR–2011–0045; FRL–9265–3]
Outer Continental Shelf Air
Regulations Consistency Update for
Alaska
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to update a
portion of the Outer Continental Shelf
SUMMARY:
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(‘‘OCS’’) Air Regulations. Requirements
applying to OCS sources located within
25 miles of States’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area, as
mandated by the Clean Air Act (‘‘the
Act’’). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources in the State of Alaska. The
intended effect of approving the OCS
requirements for the State of Alaska is
to regulate emissions from OCS sources
in accordance with the requirements
onshore. The change to the existing
requirements discussed below is
proposed to be incorporated by
reference into the Code of Federal
Regulations and is listed in the
appendix to the OCS air regulations.
DATES: Written comments must be
received on or before March 14, 2011.
ADDRESSES: Submit your comments,
identified by docket number EPA–R10–
OAR–2011–0045, by one of the
following methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov: Follow the
on-line instructions for submitting
comments;
B. E-Mail: greaves.natasha@epa.gov;
C. Mail: Natasha Greaves, Federal and
Delegated Air Programs Unit, U.S.
Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Suite
900, Mail Stop: AWT–107, Seattle, WA
98101;
D. Hand Delivery: U.S. Environmental
Protection Agency Region 10, Attn:
Natasha Greaves (AWT–107), 1200 Sixth
Avenue, Seattle, Washington 98101, 9th
Floor. Such deliveries are only accepted
during normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
docket number. EPA–R10–OAR–2011–
0045. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online 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.
Information that you consider CBI or
otherwise protected should be clearly
identified as such and should not be
submitted through
https://www.regulations.gov. The https://
www.regulations.gov Web site 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.
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If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public 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
electronic docket are listed in the
https://www.regulations.gov index.
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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, U.S.
Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Natasha Greaves, Federal and Delegated
Air Programs Unit, Office of Air, Waste,
and Toxics, U.S. Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Suite 900, Mail Stop:
AWT–107, Seattle, WA 98101;
telephone number: (206) 553–7079;
email address:
greaves.natasha@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
Why is EPA taking this action?
II. EPA’s Evaluation
What criteria were used to evaluate rules
submitted to update 40 CFR part 55?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Government
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
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]]>Agencies
[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Proposed Rules]
[Pages 7515-7518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2860]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1097]
RIN 1625-AA00
Safety Zone; Mississippi River, Mile 842.0 to 839.5
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
for all waters of the Upper Mississippi River, Mile 842.0 to 839.5,
extending the entire width of the river. This safety zone is needed to
protect participants and event personnel during the swim leg of the
OptumHealth Half Iron Triathlon occurring in the Upper Mississippi
River. Entry into this zone would be prohibited unless specifically
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before March 14, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1097 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section
[[Page 7516]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant (LT) Rob McCaskey, Sector Upper
Mississippi River Response Department at telephone 314-269-2541, e-mail
Rob.E.McCaskey@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1097), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1097'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8[frac12] by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1097'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 25, 2011, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LT Rob McCaskey at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Background and Purpose
On July 24, 2011, OptumHealth will be sponsoring a Half Iron
Triathlon. There will be approximately 2,000 participants swimming the
1.2 mile course. A safety zone will be established at mile marker 842.0
and extend to mile marker 839.5 on the Upper Mississippi River,
extending the entire width of the river. This safety zone is necessary
to protect the safety of participants, event personnel, spectators, and
other users and vessels of the Upper Mississippi River during the swim
leg of the OptumHealth Half Iron Triathlon.
Discussion of Proposed Rule
The Coast Guard is proposing to establish a safety zone for all
waters of the Upper Mississippi River, Mile 842.0 to 839.5, extending
the entire width of the river. Entry into, transiting through, or
anchoring within this zone would be prohibited to all vessels and
persons except participants and those persons and vessels specifically
authorized by the Captain of the Port Upper Mississippi River. We are
proposing an effective period from 6:30 a.m. until 10:30 a.m. CST July
24, 2011. The Captain of the Port Upper Mississippi River will inform
the public through broadcast notice to mariners of all safety zone
changes and enforcement periods.
Regulatory Analyses
We developed this proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). This rule would be in effect for only a short
period of time during the swim leg of the OptumHealth Half Iron
Triathlon. Vessels that need to enter the safety zone may request
permission to do so from the Captain of the Port Upper Mississippi
River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
[[Page 7517]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would 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 Upper Mississippi River, Mile 842.0 to 839.5
from 6:30 a.m. until 10:30 a.m. CST on July 24, 2011. This safety zone
would not have a significant economic impact on a substantial number of
small entities for the following reason: (1) This rule would only be in
effect for a limited period of time.
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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact 1-888-REG-FAIR (1-888-734-3247).
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. We believe this rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction. A preliminary environmental analysis checklist supporting
this determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of a safety
zone. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 proposes
to amend 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:
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;
[[Page 7518]]
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
(2) Add Sec. 165.T08-1097 to read as follows:
Sec. 165.T08-1097 Safety Zone; Upper Mississippi River, Mile 842.0 to
839.5.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, Mile 842.0 to 839.5 extending the entire
width of the waterway.
(b) Effective date. This rule is effective from 6:30 a.m. until
10:30 a.m. on July 24, 2011.
(c) Periods of Enforcement. This rule will be enforced from 6:30
a.m. until 10:30 a.m. CST on July 24, 2011. The Captain of the Port
Upper Mississippi River will inform the public through broadcast notice
to mariners of all safety zone changes and enforcement periods.
(d) 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 Upper 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 Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River representative may be contacted at 314-
269-2332.
(3) All persons and vessels must comply with the instruction of the
Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives includes
United States Coast Guard commissioned, warrant, and petty officers of
the U.S. Coast Guard.
Dated: January 25, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2011-2860 Filed 2-9-11; 8:45 am]
BILLING CODE 9110-04-P
