Security Zone; Columbia and Willamette Rivers, Dredge Vessels Patriot and Liberty, 63547-63549 [2011-26413]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Rules and Regulations
§ 120.707
[Amended]
§ 120.712 How does an Intermediary get a
grant to assist Microloan borrowers?
*
*
*
*
*
(b) * * *
(2) Grant monies may be used to
attend training required by SBA.
*
*
*
*
*
§ 120.714
[Amended]
§ 120.862 Other economic development
objectives.
*
*
*
*
(b) * * *
(10) Reduction of rates of
unemployment in labor surplus areas, as
such areas are determined by the
Secretary of Labor.
■ 26. Revise § 120.931 to read as
follows:
erowe on DSK2VPTVN1PROD with RULES
Coast Guard
Program purpose.
* * * The Program’s authorization
expires on September 23, 2012 and the
Administrator may guarantee not more
than $3,000,000,000 of pools under this
authority pursuant to section
503(c)(B)(iii) of the Recovery Act, as
amended by section 1119 of the Small
Business Jobs Act of 2010.
504 Lending limits.
504 loan amounts shall be limited to:
(a) An outstanding balance of
$5,000,000 for each Borrower and its
affiliates if the loan proceeds will not be
directed towards a Project in paragraph
(c) of this section,
(b) An outstanding balance of
$5,000,000 for each Borrower and its
affiliates if one or more of the public
policy goals enumerated in § 120.862(b)
applies to the Project; and
(c) $5,500,000 for each Project for:
(1) Small Manufacturers (NAICS
Codes 31–33) with all production
facilities located in the United States;
(2) Reduction of the Borrower’s, or if
the Borrower is an Eligible Passive
Company, the Operating Company’s
energy consumption by at least 10%; or
(3) Plant, equipment and process
upgrades of renewable energy sources
such as the small-scale production of
energy for individual buildings’ or
communities’ consumption, commonly
known as micropower, or renewable
fuel producers including biodiesel and
ethanol producers.
28. The authority citation for 13 CFR
part 123 is revised to read as follows:
Jkt 226001
Authority: 15 U.S.C. 632, 634(b)(6), 636(b),
636(d), 657n; Pub. L. 102–395, 106 Stat.
1828, 1864; and Pub. L. 103–75, 107 Stat.
739; and Pub. L. 106–50, 113 Stat. 245.
29. Amend § 123.300 by removing the
word ‘‘and’’ at the end of paragraph
(c)(2); and adding a new paragraph (c)(4)
to read as follows:
■
§ 123.300 Is my business eligible to apply
for an economic injury disaster loan?
*
*
*
*
(c) * * *
(4) Small aquaculture enterprises.
*
*
*
*
*
PART 125—GOVERNMENT
CONTRACTING PROGRAMS
30. The authority citation for 13 CFR
part 125 continues to read as follows:
■
Authority: 15 U.S.C. 632(p), (q); 634(b)(6);
637; 644 and 657(f).
31. Amend § 125.2 by adding new
paragraph (d)(9) to read as follows:
■
§ 125.2
Prime contracting assistance.
*
*
*
*
*
(d) * * *
(9) Identifying and justifying bundled
contracts. Not later than 30 days after
the date on which the head of a Federal
agency submits data certifications to the
Administrator for Federal Procurement
Policy, the head of the Federal agency
shall publish on the Web site of the
Federal agency a list and rationale for
any bundled contract for which the
Federal agency solicited bids or that was
awarded by the Federal agency.
*
*
*
*
*
Karen G. Mills,
Administrator.
[FR Doc. 2011–26236 Filed 10–12–11; 8:45 am]
BILLING CODE 8025–01–P
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket No. USCG–2011–0939]
RIN 1625–AA87
Security Zone; Columbia and
Willamette Rivers, Dredge Vessels
Patriot and Liberty
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
*
*
13:23 Oct 12, 2011
§ 120.1701
■
24. Amend § 120.714 by removing the
number ‘‘$35,000’’in paragraph (a) and
adding in its place the number
‘‘$50,000’’
■ 25. Amend § 120.862 as follows:
■ a. Remove the word ‘‘or’’ at the end
of paragraph (b)(8);
■ b. Remove the ‘‘.’’ at the end of
paragraph (b)(9) and add ‘‘; or’’ in its
place; and
■ c. Add a new paragraph (b)(10) to read
as follows:
VerDate Mar<15>2010
DEPARTMENT OF HOMELAND
SECURITY
PART 123—DISASTER LOAN
PROGRAM
■
§ 120.931
27. Amend § 120.1701 by revising the
third sentence to read as follows:
■
22. Amend § 120.707 by removing the
number ‘‘$35,000’’ each time it appears
in paragraph (b) and adding in its place
the number ‘‘$50,000.’’
■ 23. Amend § 120.712 by revising
paragraph (b)(2) to read as follows:
■
63547
The Coast Guard is
establishing a temporary security zone
within 200 yards of the Dredge Vessels
Patriot and Liberty while the vessels are
underway, anchored, or conducting
dredging operations in the vicinity of
Willamette River Mile 2 and Columbia
River Mile 105. Entry into this zone is
prohibited unless authorized by the
Captain of the Port, Columbia River or
his designated representative. The Coast
Guard is establishing this temporary
security zone around the vessels to
provide security during operations and
this will be done so by prohibiting all
persons or vessels from operating within
200 yards of the vessel.
DATES: This rule is effective from
October 13, 2011, through October 31,
2011. The security zone has been
enforced with actual notice since from
7 a.m. on October 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0939 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0939 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail BM1 Silvestre Suga
III, Waterways Management Division,
Coast Guard MSU Portland; telephone
503–240–9319, e-mail
Silvestre.g.suga@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\13OCR1.SGM
13OCR1
63548
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Rules and Regulations
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because to do
so would be contrary to public interest
due to insufficient time in which to
publish an NPRM since the Dredge
Vessels Patriot and Liberty would have
started their operations on the Columbia
and Willamette Rivers by the time the
notice could be published and
comments taken.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Publishing a NPRM would be
contrary to public interest since
immediate action is necessary to
safeguard the Dredge Vessels Patriot and
Liberty from sabotage, other subversive
acts, or accidents, and otherwise protect
these vessels.
Background and Purpose
The Dredge Vessels Patriot and
Liberty will be conducting operations at
Columbia River Mile 105 and
Willamette River Mile 2. This temporary
security zone is necessary to help
ensure the security of these vessels
while conducting dredging operations.
This will be done by prohibiting all
persons or vessels from operating near
the vessels while they are located in the
Columbia or Willamette Rivers.
erowe on DSK2VPTVN1PROD with RULES
Discussion of Rule
This rule establishes a temporary
security zone around the Dredge Vessels
Patriot and Liberty while they are
anchored, underway, or conducting
dredging operations. The security zone
encompasses all waters within 200
yards around the vessels. No person or
vessel may enter or remain in the
security zone unless authorized by the
Captain of the Port, Columbia River or
his designated representative.
The security zone will be in effect
while the Dredge Vessels are operating
in the Columbia and Willamette Rivers
between approximately 7 a.m. on
October 1, 2011 through October 31,
2011.
VerDate Mar<15>2010
13:23 Oct 12, 2011
Jkt 226001
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 has made this
determination based on the fact that the
security zone is limited in duration and
maritime traffic will be able to transit
around the zones.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities some of which may be small
entities: The owners and operators of
vessels intending to operate in the area
covered by the security zone created by
this rule. The security zone will not
have a significant economic impact on
a substantial number of small entities
because maritime traffic will be able to
transit around the zone and therefore
any interruption to navigation is
minimal.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
E:\FR\FM\13OCR1.SGM
13OCR1
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Rules and Regulations
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
erowe on DSK2VPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
VerDate Mar<15>2010
13:23 Oct 12, 2011
Jkt 226001
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a security
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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–197 to read as
follows:
■
§ 165.T13–197 Security Zone; Columbia
and Willamette Rivers, M/V PATRIOT AND
M/V LIBERTY.
(a) Location. The following area is a
security zone: All waters within 200
yards in all directions of Dredge vessels
Patriot and Liberty while these vessels
are operating at Willamette River Mile 2
and Columbia River Mile 105.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart D, no person may enter or
remain in the security zone created in
this section or bring, cause to be
brought, or allow to remain in the
security zone created in this section any
vehicle, vessel, or object unless
authorized by the Captain of the Port or
his designated representative.
Designated representatives are Coast
Guard personnel authorized by the
Captain of the Port to grant persons or
vessels permission to enter or remain in
the security zone created by this section.
See 33 CFR part 165, subpart D, for
additional information and
requirements.
(c) Enforcement period. The security
zone created by this section will be in
effect from 7 a.m. on October 1, 2011,
through October 31, 2011.
Dated: September 28, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2011–26413 Filed 10–12–11; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
63549
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–1001; FRL–9478–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Miscellaneous Metal and Plastic Parts
Surface Coating Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving a revision to
the Indiana State Implementation Plan
(SIP) submitted by the Indiana
Department of Environmental
Management (IDEM) on November 24,
2010. The SIP revision consists of
amendments to 326 Indiana
Administrative Code (IAC) 8–2–1 and
326 IAC 8–2–9, the applicability
sections for Indiana’s miscellaneous
metal and plastic parts surface coating
rules. These rules are approvable
because they satisfy the requirements of
the Clean Air Act (CAA) for volatile
organic compound (VOC) reasonably
available control technology (RACT)
rules.
DATES: This direct final rule will be
effective December 12, 2011, unless EPA
receives adverse comments by
November 14, 2011. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–1001, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
SUMMARY:
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Rules and Regulations]
[Pages 63547-63549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26413]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0939]
RIN 1625-AA87
Security Zone; Columbia and Willamette Rivers, Dredge Vessels
Patriot and Liberty
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
within 200 yards of the Dredge Vessels Patriot and Liberty while the
vessels are underway, anchored, or conducting dredging operations in
the vicinity of Willamette River Mile 2 and Columbia River Mile 105.
Entry into this zone is prohibited unless authorized by the Captain of
the Port, Columbia River or his designated representative. The Coast
Guard is establishing this temporary security zone around the vessels
to provide security during operations and this will be done so by
prohibiting all persons or vessels from operating within 200 yards of
the vessel.
DATES: This rule is effective from October 13, 2011, through October
31, 2011. The security zone has been enforced with actual notice since
from 7 a.m. on October 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0939 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0939 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BM1 Silvestre Suga III, Waterways
Management Division, Coast Guard MSU Portland; telephone 503-240-9319,
e-mail Silvestre.g.suga@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 63548]]
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be contrary to public
interest due to insufficient time in which to publish an NPRM since the
Dredge Vessels Patriot and Liberty would have started their operations
on the Columbia and Willamette Rivers by the time the notice could be
published and comments taken.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing a NPRM would be
contrary to public interest since immediate action is necessary to
safeguard the Dredge Vessels Patriot and Liberty from sabotage, other
subversive acts, or accidents, and otherwise protect these vessels.
Background and Purpose
The Dredge Vessels Patriot and Liberty will be conducting
operations at Columbia River Mile 105 and Willamette River Mile 2. This
temporary security zone is necessary to help ensure the security of
these vessels while conducting dredging operations. This will be done
by prohibiting all persons or vessels from operating near the vessels
while they are located in the Columbia or Willamette Rivers.
Discussion of Rule
This rule establishes a temporary security zone around the Dredge
Vessels Patriot and Liberty while they are anchored, underway, or
conducting dredging operations. The security zone encompasses all
waters within 200 yards around the vessels. No person or vessel may
enter or remain in the security zone unless authorized by the Captain
of the Port, Columbia River or his designated representative.
The security zone will be in effect while the Dredge Vessels are
operating in the Columbia and Willamette Rivers between approximately 7
a.m. on October 1, 2011 through October 31, 2011.
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 has made this
determination based on the fact that the security zone is limited in
duration and maritime traffic will be able to transit around the zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: The owners and operators of vessels intending to
operate in the area covered by the security zone created by this rule.
The security zone will not have a significant economic impact on a
substantial number of small entities because maritime traffic will be
able to transit around the zone and therefore any interruption to
navigation is minimal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 63549]]
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a security
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-197 to read as follows:
Sec. 165.T13-197 Security Zone; Columbia and Willamette Rivers, M/V
PATRIOT AND M/V LIBERTY.
(a) Location. The following area is a security zone: All waters
within 200 yards in all directions of Dredge vessels Patriot and
Liberty while these vessels are operating at Willamette River Mile 2
and Columbia River Mile 105.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart D, no person may enter or remain in the security
zone created in this section or bring, cause to be brought, or allow to
remain in the security zone created in this section any vehicle,
vessel, or object unless authorized by the Captain of the Port or his
designated representative. Designated representatives are Coast Guard
personnel authorized by the Captain of the Port to grant persons or
vessels permission to enter or remain in the security zone created by
this section. See 33 CFR part 165, subpart D, for additional
information and requirements.
(c) Enforcement period. The security zone created by this section
will be in effect from 7 a.m. on October 1, 2011, through October 31,
2011.
Dated: September 28, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-26413 Filed 10-12-11; 8:45 am]
BILLING CODE 9110-04-P
