Special Local Regulations; Sabine River, Orange, TX, 30890-30893 [2011-13175]
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30890
Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules
38770), thence southerly to Causeway
Channel Daybeacon 2 (LLNR 28720),
thence southeasterly to Money Island
Daybeacon 1 (LLNR 38645), thence
easterly to Eight and One Half Marina
Daybeacon 2 (LLNR 38685), thence
easterly to the westernmost shoreline of
Brant island approximate position
latitude 34°42′36″ N, longitude
076°42′11″ W, thence northeasterly
along the shoreline to Tombstone Point
approximate position latitude 34°42′14″
N, longitude 076°41′20″ W, thence
southeasterly to Morehead City Channel
Lighted Buoy 23 (LLNR 29455), thence
easterly to approximate position latitude
34°41′25″ N, longitude 076°41′22″ W,
thence northerly along the shoreline to
approximate position latitude 34°43′00″
N, longitude 076°41′25″ , thence
westerly to the North Carolina State Port
Facility, thence westerly along the State
Port to the southwest corner
approximate position latitude 34°42′55″
N, longitude 076°42′12″ , thence
westerly to the southern tip of Sugar
Loaf Island the point of origin. All
coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U. S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
North Carolina.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector North Carolina with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant means all vessels
participating in the ‘‘The Crystal Coast
Grand Prix’’ powerboat race under the
auspices of the Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector North Carolina.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the vicinity of the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel
approaching the regulated area shall
immediately comply with the directions
given. Failure to do so may result in
termination of voyage and citation for
failure to comply.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property. The Coast Guard may
be assisted in the patrol and
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enforcement of the regulated area by
other Federal, State, and local agencies.
(3) Vessel traffic, not involved with
the event, may be allowed to transit the
regulated area with the permission of
the Patrol Commander. Vessels that
desire passage through the regulated
area shall contact the Coast Guard Patrol
Commander on VHF–FM marine band
radio for direction. Only participants
and official patrol vessels are allowed to
enter the regulated area.
(4) All Coast Guard vessels enforcing
the regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22 (157.1
MHz). The Coast Guard will issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 10 a.m. to 4 p.m.
on August 20–21, 2011.
Dated: May 5, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2011–13177 Filed 5–26–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0194]
RIN 1625–AA08
Special Local Regulations; Sabine
River, Orange, TX
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary Special Local
Regulation in the Port Arthur Captain of
the Port Zone on the Sabine River,
Orange, Texas on September 24–25,
2011. This Special Local Regulation is
intended to restrict vessels from
portions of the Sabine River during the
annual S.P.O.R.T boat races. This
Special Local Regulations is necessary
to protect spectators and vessels from
the hazards associated with powerboat
races.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 27, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0194 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
SUMMARY:
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(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
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Mr. Scott Whalen,
Marine Safety Unit Port Arthur, TX,
Coast Guard; telephone 409–719–5086,
e-mail scott.k.whalen@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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0194),
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
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
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules
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–2011–0194’’ 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
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–2011–
0194’’ 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.
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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 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.
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Background and Purpose
This temporary special local
regulation is necessary to ensure the
safety of vessels and spectators from
hazards associated with a powerboat
race. The Captain of the Port has
determined that powerboat races in
close proximity to watercraft and
infrastructure pose significant risk to
public safety and property. The likely
combination of large numbers of
recreation vessels, powerboats traveling
at high speeds, and large numbers of
spectators in close proximity to the
water could easily result in serious
injuries or fatalities. Establishing a
special local regulation around the
location of the race course will help
ensure the safety of persons and
property at these events and help
minimize the associated risks.
Discussion of Proposed Rule
This proposed temporary special local
regulation is necessary to ensure the
safety of spectators and vessels during
the setup, course familiarization, testing
and race in conjunction with the
Orange, TX S.P.O.R.T. boat races. The
powerboat race and associated testing
will occur between 8 a.m. on September
24, 2011 and 6 p.m. on September 25,
2011. The special local regulation will
be enforced daily from 8 a.m. to 6 p.m.
on September 24 and 25, 2011.
The special local regulation will
encompass all waters of the Sabine
River adjacent to Naval Reserve Center
and Orange, TX public boat ramp. The
northern boundary will be from the end
of Navy Pier One at 30°05′45″ N
93°43′24″ W then easterly to the rivers
eastern shore. The southern boundary is
a line shoreline to shoreline at latitude
30°05′33″ N. All geographic coordinates
are North American Datum of 1983
[NAD 83].
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene patrol personnel. Entry into,
transiting, or anchoring within the
special local regulation area is
prohibited unless authorized by the
Captain of the Port or his designated on
scene representative. For authorization
to enter the proposed safety zone,
vessels can contact the Captain of the
Port’s on scene representative on VHF
Channel 16 or Vessel Traffic Service
Port Arthur on VHF Channel 65A, by
telephone at (409) 719–5070, or by
facsimile at (409) 719–5090.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
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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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. The basis of this finding is
that the safety zone will only be in effect
for 10 hours each day and notifications
to the marine community will be made
through broadcast notice to mariners
and Marine Safety Information Bulletin.
During non-enforcement hours all
vessels will be allowed to transit
through the safety zone without
permission of the Captain of the Port,
Port Arthur or a designated
representative. Additionally, scheduled
breaks will be provided to allow waiting
vessels to transit safely through the
safety zone.
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.
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 proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (1) This rule will
only be enforced from 8 a.m. until 6
p.m. each day that it is effective; (2)
during non-enforcement hours all
vessels will be allowed to transit
through the safety zone without having
to obtain permission from the Captain of
the Port, Port Arthur or a designated
representative; and (3) vessels will be
allowed to pass through the zone with
permission of the Coast Guard Patrol
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Commander during scheduled break
periods between races and at other
times when permitted by the Coast
Guard Patrol Commander.
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 Mr. Scott
Whalen, Marine Safety Unit Port Arthur,
TX; telephone (409) 719–5086, e-mail
scott.k.whalen@uscg.mil. 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.
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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.
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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
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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 which do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves the establishment of a special
local regulation. Based on our
preliminary determination, there are no
factors in this case that would limit the
use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe that this rule
should be categorically excluded.
Because this event establishes a special
local regulation, paragraph (34)(h) of
figure 2–1 of the Instruction applies.
Thus, no further environmental
documentation is required. 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—REGULATED—SAFETY OF
LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a new temporary § 100.35T08–
0194 to read as follows:
§ 100.35T08–0194 Special Local
Regulations for Marine Events; Sabine
River, Orange, TX.
(a) Definitions. As used in this section
‘‘Participant Vessel’’ means all vessels
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officially registered with event officials
to race or work in the event. These
vessels include race boats, rescue boats,
tow boats, and picket boats associated
with the race.
(b) Location. The following area is a
safety zone: All waters of the Sabine
River, shoreline to shoreline, adjacent to
the Naval Reserve Unit and the Orange
public boat ramps located in Orange,
TX. The northern boundary is from the
end of Navy Pier One at 30°05′45″ N
93°43′24″ W then easterly to the rivers
eastern shore. The southern boundary is
a line shoreline to shoreline at latitude
30°05′33″ N.
(c) Enforcement Periods. This
regulation will be enforced daily from 8
a.m. until 6 p.m. on September 24 and
25, 2011.
(d) Regulations. (1) In accordance
with the general regulations in § 100 of
this part, entry into this zone is
prohibited to all vessels except
participant vessels and those vessels
specifically authorized by the Captain of
the Port, Port Arthur or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through must request
permission from the Captain of the Port,
Port Arthur, or a designated
representative. They may be contacted
on VHF Channel 13 or 16, or by
telephone at (409) 723–6500.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port, Port Arthur,
designated representatives and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: March 22, 2011.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur.
[FR Doc. 2011–13175 Filed 5–26–11; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2011–11; Order No. 736]
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Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service petition to
initiate an informal rulemaking
proceeding to consider changes in
analytical principles. Proposal Three
involves changes to the method by
SUMMARY:
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which unused stamp and meter revenue
are allocated in its Revenue, Pieces, and
Weight report. This notice informs the
public of the filing, addresses
preliminary procedural matters, and
invites public comment.
DATES: Comments are due: June 23,
2011.
Submit comments
electronically by accessing the ‘‘Filing
Online’’ link in the banner at the top of
the Commission’s Web site (https://
www.prc.gov) or by directly accessing
the Commission’s Filing Online system
at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who
cannot submit their views electronically
should contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section as the source for case-related
information for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820 (case-related
information) or DocketAdmins@prc.gov
(electronic filing assistance).
SUPPLEMENTARY INFORMATION: On May
18, 2011, the Postal Service filed a
petition pursuant to 39 CFR 3050.11
requesting the Commission to initiate an
informal rulemaking proceeding to
consider changes in the analytical
methods approved for use in periodic
reporting.1 Proposal Three would revise
the method by which unused stamp and
meter revenue reflected in the Postal
Service’s financial accounts are
allocated to single-piece First-Class,
Priority, and other mail in its Revenue,
Pieces, and Weight (RPW) report.
The Postal Service’s Trial Balance
revenue accounts are set up to identify
revenue by source. One of the sources
of revenue that those accounts identify
is method of payment (by stamp or by
meter). Stamp and meter revenue are
generated by single-piece First-Class
Mail and Priority Mail and, to a small
extent, other products. Since the
amount of stamp and metered postage
purchased is always greater than the
amount used, the unused portion is
accounted for as a liability. Changes in
the amount of this liability are tracked
by revenue adjustment accounts labeled
‘‘Postage-in-the-Hands-of-the-Public’’
(PIHOP). There is a PIHOP for stamp
revenue and another for meter revenue.
The Postal Service currently distributes
PIHOP stamp and PIHOP meter revenue
adjustments to First-Class Mail and
Priority Mail in proportion to total
ADDRESSES:
1 Petition of the United States Postal Service
Requesting Initiation of a Proceeding to Consider a
Proposed Change in Analytic Principles (Proposal
Three), May 18, 2011 (Petition).
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30893
ODIS–RPW sampling revenue. Petition,
Supporting Material, at 3–6.
The Postal Service believes that this
method over-allocates the PIHOP
revenue adjustment to Priority Mail and
under-allocates it to single-piece FirstClass Mail. Id. at 3. It also believes that
there is an over-allocation of the meter
PIHOP, although to a much lesser
degree. Id. at 6–7. It estimates that in the
Q2 FY 2011 RPW report, the current
misallocation of PIHOP results in an
underestimate of domestic Priority Mail
revenue by $35 million and an
overestimate of single-piece First-Class
letter mail revenue by $63 million. Id.
at 13.
The Postal Service proposes to
remedy this misallocation of stamp and
meter revenue to products by
distributing PIHOP stamp adjustments
in proportion to ODIS–RPW sampling
stamp revenue and PIHOP meter
adjustments in proportion to ODIS–
RPW sampling meter revenue. Id. at 9.
The details of the rather intricate
process by which this revised
distribution would be accomplished are
described at pages 10 and 11 of the
material supporting the Petition. The
Postal Service asserts that, if approved,
Proposal Three could be implemented
immediately. Id. at 12.
The Petition and spreadsheets
illustrating the proposed method are
available for review on the
Commission’s Web site, https://
www.prc.gov.
Pursuant to 39 U.S.C. 505, Curtis Kidd
is designated as Public Representative to
represent the interests of the general
public in this proceeding. Comments are
due no later than June 23, 2011.
It is ordered:
1. The Petition of the United States
Postal Service Requesting Initiation of a
Proceeding to Consider a Proposed
Change in Analytic Principles (Proposal
Three), filed May 18, 2011, is granted.
2. The Commission establishes Docket
No. RM2011–11 to consider the matters
raised by the Postal Service’s Petition.
3. Interested persons may submit
comments on Proposal Three no later
than June 23, 2011.
4. The Commission will determine the
need for reply comments after review of
the initial comments.
5. Curtis Kidd is appointed to serve as
the Public Representative to represent
the interests of the general public in this
proceeding.
6. The Secretary shall arrange for
publication of this notice in the Federal
Register.
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Agencies
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Proposed Rules]
[Pages 30890-30893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13175]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0194]
RIN 1625-AA08
Special Local Regulations; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary Special
Local Regulation in the Port Arthur Captain of the Port Zone on the
Sabine River, Orange, Texas on September 24-25, 2011. This Special
Local Regulation is intended to restrict vessels from portions of the
Sabine River during the annual S.P.O.R.T boat races. This Special Local
Regulations is necessary to protect spectators and vessels from the
hazards associated with powerboat races.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0194 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 below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur,
TX, Coast Guard; telephone 409-719-5086, e-mail
scott.k.whalen@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-2011-0194), 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 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
[[Page 30891]]
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-2011-0194'' 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-2011-0194'' 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 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.
Background and Purpose
This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with a
powerboat race. The Captain of the Port has determined that powerboat
races in close proximity to watercraft and infrastructure pose
significant risk to public safety and property. The likely combination
of large numbers of recreation vessels, powerboats traveling at high
speeds, and large numbers of spectators in close proximity to the water
could easily result in serious injuries or fatalities. Establishing a
special local regulation around the location of the race course will
help ensure the safety of persons and property at these events and help
minimize the associated risks.
Discussion of Proposed Rule
This proposed temporary special local regulation is necessary to
ensure the safety of spectators and vessels during the setup, course
familiarization, testing and race in conjunction with the Orange, TX
S.P.O.R.T. boat races. The powerboat race and associated testing will
occur between 8 a.m. on September 24, 2011 and 6 p.m. on September 25,
2011. The special local regulation will be enforced daily from 8 a.m.
to 6 p.m. on September 24 and 25, 2011.
The special local regulation will encompass all waters of the
Sabine River adjacent to Naval Reserve Center and Orange, TX public
boat ramp. The northern boundary will be from the end of Navy Pier One
at 30[deg]05'45'' N 93[deg]43'24'' W then easterly to the rivers
eastern shore. The southern boundary is a line shoreline to shoreline
at latitude 30[deg]05'33'' N. All geographic coordinates are North
American Datum of 1983 [NAD 83].
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the special
local regulation area is prohibited unless authorized by the Captain of
the Port or his designated on scene representative. For authorization
to enter the proposed safety zone, vessels can contact the Captain of
the Port's on scene representative on VHF Channel 16 or Vessel Traffic
Service Port Arthur on VHF Channel 65A, by telephone at (409) 719-5070,
or by facsimile at (409) 719-5090.
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 rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The basis of
this finding is that the safety zone will only be in effect for 10
hours each day and notifications to the marine community will be made
through broadcast notice to mariners and Marine Safety Information
Bulletin. During non-enforcement hours all vessels will be allowed to
transit through the safety zone without permission of the Captain of
the Port, Port Arthur or a designated representative. Additionally,
scheduled breaks will be provided to allow waiting vessels to transit
safely through the safety zone.
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.
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 proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons: (1)
This rule will only be enforced from 8 a.m. until 6 p.m. each day that
it is effective; (2) during non-enforcement hours all vessels will be
allowed to transit through the safety zone without having to obtain
permission from the Captain of the Port, Port Arthur or a designated
representative; and (3) vessels will be allowed to pass through the
zone with permission of the Coast Guard Patrol
[[Page 30892]]
Commander during scheduled break periods between races and at other
times when permitted by the Coast Guard Patrol Commander.
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 Mr. Scott Whalen, Marine Safety
Unit Port Arthur, TX; telephone (409) 719-5086, e-mail
scott.k.whalen@uscg.mil. 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 which do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a special local regulation. Based on our preliminary
determination, there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, we believe that this rule should be categorically
excluded. Because this event establishes a special local regulation,
paragraph (34)(h) of figure 2-1 of the Instruction applies. Thus, no
further environmental documentation is required. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--REGULATED--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a new temporary Sec. 100.35T08-0194 to read as follows:
Sec. 100.35T08-0194 Special Local Regulations for Marine Events;
Sabine River, Orange, TX.
(a) Definitions. As used in this section ``Participant Vessel''
means all vessels
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officially registered with event officials to race or work in the
event. These vessels include race boats, rescue boats, tow boats, and
picket boats associated with the race.
(b) Location. The following area is a safety zone: All waters of
the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve
Unit and the Orange public boat ramps located in Orange, TX. The
northern boundary is from the end of Navy Pier One at 30[deg]05'45'' N
93[deg]43'24'' W then easterly to the rivers eastern shore. The
southern boundary is a line shoreline to shoreline at latitude
30[deg]05'33'' N.
(c) Enforcement Periods. This regulation will be enforced daily
from 8 a.m. until 6 p.m. on September 24 and 25, 2011.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 100 of this part, entry into this zone is prohibited to all
vessels except participant vessels and those vessels specifically
authorized by the Captain of the Port, Port Arthur or a designated
representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at (409) 723-6500.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur, designated representatives and
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S.
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: March 22, 2011.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2011-13175 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P