Safety Zone; Repair of High Voltage Transmission Lines to Logan International Airport, Saugus River, Saugus, MA, 19698-19701 [2011-8372]
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19698
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations
parathyroid-related osteoporosis and
fractures under 101.00; abnormally elevated
calcium levels in the blood (hypercalcemia)
that lead to cataracts under 102.00; kidney
failure under 106.00; and recurrent
abnormally low blood calcium levels
(hypocalcemia) that lead to increased
excitability of nerves and muscles, such as
tetany and muscle spasms, under 111.00.
4. Adrenal gland disorders affect bone
calcium levels, blood pressure, metabolism,
and mental status. We evaluate adrenalrelated linear growth impairments under
100.00; adrenal-related osteoporosis with
fractures that compromises the ability to
walk or to use the upper extremities under
101.00; adrenal-related hypertension that
worsens heart failure or causes recurrent
arrhythmias under 104.00; adrenal-related
weight loss under 105.00; and mood
disorders under 112.00.
5. Diabetes mellitus and other pancreatic
gland disorders disrupt the production of
several hormones, including insulin, that
regulate metabolism and digestion. Insulin is
essential to the absorption of glucose from
the bloodstream into body cells for
conversion into cellular energy. The most
common pancreatic gland disorder is
diabetes mellitus (DM). There are two major
types of DM: type 1 and type 2. Both type
1 and type 2 DM are chronic disorders that
can have serious, disabling complications
that meet the duration requirement. Type 1
DM—previously known as ‘‘juvenile
diabetes’’ or ‘‘insulin-dependent diabetes
mellitus’’ (IDDM)—is an absolute deficiency
of insulin secretion that commonly begins in
childhood and continues throughout
adulthood. Treatment of type 1 DM always
requires lifelong daily insulin. With type 2
DM—previously known as ‘‘adult-onset
diabetes mellitus’’ or ‘‘non-insulin-dependent
diabetes mellitus’’ (NIDDM)—the body’s cells
resist the effects of insulin, impairing glucose
absorption and metabolism. Type 2 is less
common than type 1 DM in children, but
physicians are increasingly diagnosing type 2
DM before age 18. Treatment of type 2 DM
generally requires lifestyle changes, such as
increased exercise and dietary modification,
and sometimes insulin in addition to other
medications. While both type 1 and type 2
DM are usually controlled, some children do
not achieve good control for a variety of
reasons including, but not limited to,
hypoglycemia unawareness, other disorders
that can affect blood glucose levels, inability
to manage DM due to a mental disorder, or
inadequate treatment.
a. Hyperglycemia. Both types of DM cause
hyperglycemia, which is an abnormally high
level of blood glucose that may produce
acute and long-term complications. Acute
complications of hyperglycemia include
diabetic ketoacidosis. Long-term
complications of chronic hyperglycemia
include many conditions affecting various
body systems but are rare in children.
b. Diabetic ketoacidosis (DKA). DKA is an
acute, potentially life-threatening
complication of DM in which the chemical
balance of the body becomes dangerously
hyperglycemic and acidic. It results from a
severe insulin deficiency, which can occur
due to missed or inadequate daily insulin
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therapy or in association with an acute
illness. It usually requires hospital treatment
to correct the acute complications of
dehydration, electrolyte imbalance, and
insulin deficiency. You may have serious
complications resulting from your treatment,
which we evaluate under the affected body
system. For example, we evaluate cardiac
arrhythmias under 104.00, intestinal necrosis
under 105.00, and cerebral edema and
seizures under 111.00. Recurrent episodes of
DKA in adolescents may result from mood or
eating disorders, which we evaluate under
112.00.
c. Hypoglycemia. Children with DM may
experience episodes of hypoglycemia, which
is an abnormally low level of blood glucose.
Most children age 6 and older recognize the
symptoms of hypoglycemia and reverse them
by consuming substances containing glucose;
however, some do not take this step because
of hypoglycemia unawareness. Severe
hypoglycemia can lead to complications,
including seizures or loss of consciousness,
which we evaluate under 111.00, or altered
mental status, cognitive deficits, and
permanent brain damage, which we evaluate
under 112.00.
C. How do we evaluate DM in children?
Listing 109.08 is only for children with DM
who have not attained age 6 and who require
daily insulin. For all other children (that is,
children with DM who are age 6 or older and
require daily insulin, and children of any age
with DM who do not require daily insulin),
we follow our rules for determining whether
the DM is severe, alone or in combination
with another impairment, whether it meets or
medically equals the criteria of a listing in
another body system, or functionally equals
the listings under the criteria in § 416.926a,
considering the factors in § 416.924a. The
management of DM in children can be
complex and variable from day to day, and
all children with DM require some level of
adult supervision. For example, if a child age
6 or older has a medical need for 24-houra-day adult supervision of insulin treatment,
food intake, and physical activity to ensure
survival, we will find that the child’s
impairment functionally equals the listings
based on the example in § 416.926a(m)(5).
D. How do we evaluate other endocrine
disorders that do not have effects that meet
or medically equal the criteria of any listing
in other body systems? If your impairment(s)
does not meet or medically equal a listing in
another body system, we will consider
whether your impairment(s) functionally
equals the listings under the criteria in
§ 416.926a, considering the factors in
§ 416.924a. When we decide whether you
continue to be disabled, we use the rules in
§ 416.994a.
109.01 Category of Impairments,
Endocrine
109.08 Any type of diabetes mellitus in a
child who requires daily insulin and has not
attained age 6. Consider under a disability
until the attainment of age 6. Thereafter,
evaluate the diabetes mellitus according to
the rules in 109.00B5 and C.
*
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*
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PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
9. The authority citation for subpart I
of part 416 continues to read as follows:
■
Authority: Secs. 221(m), 702(a)(5), 1611,
1614, 1619, 1631(a), (c), (d)(1), and (p) and
1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h,
1383(a), (c), (d)(1), and (p), and 1383b); secs.
4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–
460, 98 Stat. 1794, 1801, 1802, and 1808 (42
U.S.C. 421 note, 423 note, and 1382h note).
10. Amend § 416.925 by revising
paragraph (c)(1) and the first sentence of
paragraph (c)(3) to read as follows:
■
§ 416.925 Listing of Impairments in
appendix 1 of subpart P of part 404 of this
chapter.
*
*
*
*
*
(c) How do we use the listings? (1)
Most body system sections in parts A
and B of appendix 1 are in two parts:
an introduction, followed by the
specific listings.
*
*
*
*
*
(3) In most cases, the specific listings
follow the introduction in each body
system, after the heading, Category of
Impairments. * * *
*
*
*
*
*
[FR Doc. 2011–8389 Filed 4–7–11; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0992]
RIN 1625–AA00
Safety Zone; Repair of High Voltage
Transmission Lines to Logan
International Airport, Saugus River,
Saugus, MA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Saugus River, Lynn, Massachusetts,
within the Captain of the Port (COTP)
Boston Zone to allow for repair of high
voltage transmission lines to Logan
Airport. This safety zone is required to
provide for the safety of life on
navigable waters during the repair of
high voltage transmission lines.
Entering into, transiting through,
mooring or anchoring within this zone
is prohibited unless authorized by the
COTP.
SUMMARY:
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This rule is effective from May
9, 2011 to October 5, 2011. This rule
will be enforced during a consecutive 48
hour period to begin each day at 9 a.m.
and end at 2 p.m. with notice of the
enforcement of this safety zone to be
made by all means to affect the widest
publicity among the affected segments
of the public, including publication of a
Notice of Enforcement in the Federal
Register, in the Local Notice to
Mariners, and in the Safety Marine
Information Broadcast.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0992 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0992 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 MST1 David Labadie of the
Waterways Management Division, U.S.
Coast Guard Sector Boston; telephone
617–223–3010, e-mail
david.j.labadie@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:
DATES:
Regulatory Information
On January 26, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled: Safety Zone; Repair of High
Voltage Transmission Lines to Logan
International Airport, Saugus River,
Saugus, Massachusetts, in the Federal
Register (76 FR 4575). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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Background and Purpose
This rule is necessary to ensure the
safety of vessels and workers from the
hazards associated with work related to
repairs of high voltage transmission
lines over navigable waters. This
temporary safety zone will be in effect
during the repair of the high voltage
transmission lines that feed Logan
Airport. The safety zone will be
enforced immediately before, during
and after the start of the repairs.
National Grid, the transmission line
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repair company has not specified the
exact date repairs will commence, but
they have advised the Coast Guard that
repairs are planned for a 48 hour period
in May, 2011, to begin each day at 9
a.m. and end at 2 p.m.
The COTP will inform the public
regarding the exact repair dates and
details of the work covered by this
safety zone using a variety of means,
including, but not limited to, Notice of
Enforcement (NOE) to be published in
the Federal Register, Broadcast Notice
to Mariners and Local Notice to
Mariners.
All persons and vessels shall comply
with the instructions of the COTP
Boston or the designated on-scene
representative. Entering into, transiting
through, mooring or anchoring within
the safety zone is prohibited unless
authorized by the COTP Boston or the
designated on scene representative. The
COTP or the designated on scene
representative may be contacted via
VHF Channel 16 or by telephone at
(617) 223–5750.
Discussion of Comments and Changes
We received no comments. A change
has been made to this rule regarding
how the Coast Guard will notify the
public of the enforcement period. We
published a NPRM entitled: Safety
Zone; Repair of High Voltage
Transmission Lines to Logan
International Airport, Saugus River,
Saugus, Massachusetts, in the Federal
Register (76 FR 4575) on January 26,
2011 in which we indicated that we
expected to receive the repair dates
during the rulemaking period and that
we would publish them in the final rule.
National Grid has not yet provided the
Coast Guard an exact repair date due to
their inability to determine the
availability of the contractors
performing the repair work. Thus, the
Coast Guard is unable to provide the
repair dates or the period in which we
intend to enforce the safety zone in this
Final Rule. When the exact repair dates
are determined, notice of the
enforcement of this safety zone to be
made by all means to affect the widest
publicity among the affected segments
of the public, including publication of a
Notice of Enforcement in the Federal
Register, in the Local Notice to
Mariners, and in the Safety Marine
Information Broadcast.
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.
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19699
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 determined that this
rule is not a significant regulatory action
for the following reasons: The safety
zone will be of limited duration, is
located in a waterway that has no deep
draft commercial traffic and is designed
to avoid, to the extent possible, fishing
and recreational boating traffic routes.
Persons and vessels may still enter,
transit through, anchor in, or remain
within the regulated area if they obtain
permission from the COTP or the
designated representative.
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 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 enter, transit
through, moor or anchor in a portion of
the Saugus River during a 48 hour
enforcement period related to repairs of
high voltage transmission lines to Logan
Airport.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: National Grid intends
to make repairs to the high voltage
transmission lines running to Logan
Airport during a 48 hour period
between the hours of 9 a.m. and 2 p.m.
This time window will allow the local
lobster fishing fleet to transit to the
fishing grounds and return home at
night with only minor inconvenience.
The local harbormasters have notified
their tenants in advance of the intended
repairs, thus allowing Saugus River
users to plan accordingly. Vessel traffic
will be allowed to pass through the zone
prior to 9 a.m. and after 2 p.m. and if
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necessary through the zone if they first
obtain permission from the COTP.
Before the effective period, we will
issue maritime advisories widely
available to users of the river. 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.
We did not receive any comments for
this section.
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 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 ST1 David
Labadie at the telephone number or email address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice. 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.
We did not receive any comments for
this section.
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). We did not receive any
comments for this section.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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. We did not
receive any comments for this section.
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
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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. We did not
receive any comments for this section.
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. We did not
receive any comments for this section.
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. We did
not receive any comments for this
section.
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. We
did not receive any comments for this
section.
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. We did
not receive any comments for this
section.
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. We did
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not receive any comments for this
section.
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. We did not receive any
comments for this section.
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 that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, 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:
■
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(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
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2. Add § 165.T01–0992 to read as
follows:
■
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§ 165.T01–0992 Safety Zone; Repair of
High Voltage Transmission Lines to Logan
International Airport; Saugus River,
Saugus, MA.
(a) General. A temporary safety zone
is established for the event described in
paragraph (a)(1):
(1) Repair of high voltage
transmission lines to Logan
International Airport; Saugus River,
Saugus, MA.
(i) All waters of the Saugus River,
from surface to bottom, within a 250yard radius of position 42°26′ 42″ N;
070°58′ 14″ W.
(ii) Effective Period. This rule is
effective May 9, 2011 to October 10,
2011.
(iii) Enforcement Period. This rule
will be enforced during a consecutive 48
hour period to begin each day at 9 a.m.
and end at 2 p.m. with notice of the
enforcement of this safety zone to be
made by all means to affect the widest
publicity among the affected segments
of the public, including publication of a
Notice of Enforcement in the Federal
Register, in the Local Notice to
Mariners, and in the Safety Marine
Information Broadcast.
(b) Regulations.
(1) In accordance with the general
regulations in Section 165.23 of this
part, entry into, transiting or anchoring
within this regulated area is prohibited
unless authorized by the COTP Boston,
or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP Boston or the
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Boston is any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port Boston to act
on his behalf. The on-scene
representative will be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The COTP or the designated on
scene representative may be contacted
by telephone at 617–223–5750 or on
VHF Channel 16.
(4) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may do
so if they obtain permission from the
COTP or the designated representative
by contacting the COTP Sector Boston
by telephone at 617–223–5750 or VHF
radio channel 16.
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Dated: March 25, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2011–8372 Filed 4–7–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0988; FRL–8866–8]
Glyphosate (N-(phosphonomethyl)
glycine); Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation replaces the
established tolerance for residues of
glyphosate in or on sweet corn, grain
with corn, sweet, kernel plus cob with
husk removed and reduces the
established tolerance for residues of
glyphosate and N-acetyl-glyphosate in
or on poultry, meat. Monsanto Company
requested these tolerances under the
Federal Food, Drug and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective April
8, 2011. Objections and requests for
hearings must be received on or before
June 7, 2011, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2009–0988. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
ADDRESSES:
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19701
FOR FURTHER INFORMATION CONTACT:
Kable Bo Davis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 306–0415; e-mail address:
kable.davis@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.gpoaccess.gov/ecfr.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2009–0988 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 7, 2011. Addresses for mail
E:\FR\FM\08APR1.SGM
08APR1
]]>Agencies
[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19698-19701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8372]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0992]
RIN 1625-AA00
Safety Zone; Repair of High Voltage Transmission Lines to Logan
International Airport, Saugus River, Saugus, MA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saugus River, Lynn, Massachusetts, within the Captain of the Port
(COTP) Boston Zone to allow for repair of high voltage transmission
lines to Logan Airport. This safety zone is required to provide for the
safety of life on navigable waters during the repair of high voltage
transmission lines. Entering into, transiting through, mooring or
anchoring within this zone is prohibited unless authorized by the COTP.
[[Page 19699]]
DATES: This rule is effective from May 9, 2011 to October 5, 2011. This
rule will be enforced during a consecutive 48 hour period to begin each
day at 9 a.m. and end at 2 p.m. with notice of the enforcement of this
safety zone to be made by all means to affect the widest publicity
among the affected segments of the public, including publication of a
Notice of Enforcement in the Federal Register, in the Local Notice to
Mariners, and in the Safety Marine Information Broadcast.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0992 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0992 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 MST1 David Labadie of the Waterways Management Division,
U.S. Coast Guard Sector Boston; telephone 617-223-3010, e-mail
david.j.labadie@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:
Regulatory Information
On January 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; Repair of High Voltage Transmission Lines
to Logan International Airport, Saugus River, Saugus, Massachusetts, in
the Federal Register (76 FR 4575). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
This rule is necessary to ensure the safety of vessels and workers
from the hazards associated with work related to repairs of high
voltage transmission lines over navigable waters. This temporary safety
zone will be in effect during the repair of the high voltage
transmission lines that feed Logan Airport. The safety zone will be
enforced immediately before, during and after the start of the repairs.
National Grid, the transmission line repair company has not specified
the exact date repairs will commence, but they have advised the Coast
Guard that repairs are planned for a 48 hour period in May, 2011, to
begin each day at 9 a.m. and end at 2 p.m.
The COTP will inform the public regarding the exact repair dates
and details of the work covered by this safety zone using a variety of
means, including, but not limited to, Notice of Enforcement (NOE) to be
published in the Federal Register, Broadcast Notice to Mariners and
Local Notice to Mariners.
All persons and vessels shall comply with the instructions of the
COTP Boston or the designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the safety zone is
prohibited unless authorized by the COTP Boston or the designated on
scene representative. The COTP or the designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(617) 223-5750.
Discussion of Comments and Changes
We received no comments. A change has been made to this rule
regarding how the Coast Guard will notify the public of the enforcement
period. We published a NPRM entitled: Safety Zone; Repair of High
Voltage Transmission Lines to Logan International Airport, Saugus
River, Saugus, Massachusetts, in the Federal Register (76 FR 4575) on
January 26, 2011 in which we indicated that we expected to receive the
repair dates during the rulemaking period and that we would publish
them in the final rule. National Grid has not yet provided the Coast
Guard an exact repair date due to their inability to determine the
availability of the contractors performing the repair work. Thus, the
Coast Guard is unable to provide the repair dates or the period in
which we intend to enforce the safety zone in this Final Rule. When the
exact repair dates are determined, notice of the enforcement of this
safety zone to be made by all means to affect the widest publicity
among the affected segments of the public, including publication of a
Notice of Enforcement in the Federal Register, in the Local Notice to
Mariners, and in the Safety Marine Information Broadcast.
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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no deep draft
commercial traffic and is designed to avoid, to the extent possible,
fishing and recreational boating traffic routes. Persons and vessels
may still enter, transit through, anchor in, or remain within the
regulated area if they obtain permission from the COTP or the
designated representative.
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
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 enter,
transit through, moor or anchor in a portion of the Saugus River during
a 48 hour enforcement period related to repairs of high voltage
transmission lines to Logan Airport.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
National Grid intends to make repairs to the high voltage transmission
lines running to Logan Airport during a 48 hour period between the
hours of 9 a.m. and 2 p.m. This time window will allow the local
lobster fishing fleet to transit to the fishing grounds and return home
at night with only minor inconvenience. The local harbormasters have
notified their tenants in advance of the intended repairs, thus
allowing Saugus River users to plan accordingly. Vessel traffic will be
allowed to pass through the zone prior to 9 a.m. and after 2 p.m. and
if
[[Page 19700]]
necessary through the zone if they first obtain permission from the
COTP. Before the effective period, we will issue maritime advisories
widely available to users of the river. 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. We did not receive any comments for this
section.
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 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 ST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice. 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. We did not receive any
comments for this section.
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). We did not
receive any comments for this section.
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. We did not receive any comments for this section.
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. We did not receive any comments for this section.
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. We did not receive any comments for this section.
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. We did not receive any comments
for this section.
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. We did not receive any comments for
this section.
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. We did not receive
any comments for this section.
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. We did not receive any comments for this
section.
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. We did not receive
any comments for this section.
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
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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
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(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
[[Page 19701]]
0
2. Add Sec. 165.T01-0992 to read as follows:
Sec. 165.T01-0992 Safety Zone; Repair of High Voltage Transmission
Lines to Logan International Airport; Saugus River, Saugus, MA.
(a) General. A temporary safety zone is established for the event
described in paragraph (a)(1):
(1) Repair of high voltage transmission lines to Logan
International Airport; Saugus River, Saugus, MA.
(i) All waters of the Saugus River, from surface to bottom, within
a 250-yard radius of position 42[deg]26' 42'' N; 070[deg]58' 14'' W.
(ii) Effective Period. This rule is effective May 9, 2011 to
October 10, 2011.
(iii) Enforcement Period. This rule will be enforced during a
consecutive 48 hour period to begin each day at 9 a.m. and end at 2
p.m. with notice of the enforcement of this safety zone to be made by
all means to affect the widest publicity among the affected segments of
the public, including publication of a Notice of Enforcement in the
Federal Register, in the Local Notice to Mariners, and in the Safety
Marine Information Broadcast.
(b) Regulations.
(1) In accordance with the general regulations in Section 165.23 of
this part, entry into, transiting or anchoring within this regulated
area is prohibited unless authorized by the COTP Boston, or his
designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP Boston or the designated on-scene
representative.
(3) The ``on-scene representative'' of the Captain of the Port
Boston is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Boston to act on his
behalf. The on-scene representative will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The COTP or the designated on scene
representative may be contacted by telephone at 617-223-5750 or on VHF
Channel 16.
(4) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may do so if they obtain
permission from the COTP or the designated representative by contacting
the COTP Sector Boston by telephone at 617-223-5750 or VHF radio
channel 16.
Dated: March 25, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-8372 Filed 4-7-11; 8:45 am]
BILLING CODE 9110-04-P
