Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9227 

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 M16475.1D, 

which guides 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 which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction. Under figure 

2–1, paragraph (32)(e), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. From February 17, 2011 to 

November 30, 2011, suspend § 117.557, 

and add § 117.558, to read as follows: 

§ 117.558 Curtis Creek. 

(a) The draw of the Pennington 

Avenue Bridge, mile 0.9 at Baltimore 

shall operate as follows: 

(1) Need not open from 6 a.m. on 

February 17, 2011 to 11:59 p.m. on 

January 20, 2011; except, vessel 

openings shall be provided on signal if 

at least two hours advance notice is 

given; 

(2) Single leaf operation on the 

southeast side span from 11:59 p.m. on 

January 20, 2011 to 11:59 p.m. on 

February 12, 2011. The opposite 

connecting spans on the north side 

while not under repair shall continue to 

open on signal for vessels; 

(3) Need not open from 11:59 p.m. on 

February 12, 2011 to 11:59 p.m. on 

March 6, 2011; except, vessel openings 

shall be provided on signal if at least 

two hours advance notice is given; 

(4) Single leaf operation on the 

southwest side span starting from 11:59 

p.m. on March 6, 2011 to 11:59 p.m. on 

March 28, 2011. The opposite 

connecting spans on the north side 

while not under repair shall continue to 

open on signal for vessels; 

(5) Need not open from 11:59 p.m. on 

March 29, 2011 to 11:59 p.m. on 

November 30, 2011; except, vessel 

openings will be provided on signal if 

at least two hours advance notice is 

given. 

(b) The draw of the I695 Bridge, mile 

1.0 at Baltimore, shall open on signal if 

at least a one-hour notice is given to the 

Maryland Transportation Authority in 

Baltimore. 

Dated: January 14, 2011. 

William D. Lee 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2011–3572 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0018] 

RIN 1625–AA00 

Safety Zone; Havasu Landing Regatta, 

Colorado River, Lake Havasu Landing, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Havasu, California in support of 

the Havasu Landing Regatta. This 

temporary safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8 a.m. 

on February 19, 2011, to 4 p.m. on 

February 20, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0018 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0018 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 Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; Coast 

Guard; telephone 619–278–7267, e-mail 

Shane.E.Jackson@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The 

logistical details of the race were neither 

finalized nor presented to the Coast 

Guard with enough forewarning to draft 

and publish an NPRM. As such, the 

event will occur before the rulemaking 

process could be completed. 

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. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure public safety. 

Background and Purpose 

We are establishing this temporary 

safety zone in support of the Havasu 

Landing Regatta, a marine event that 

includes vessels racing along an 

established and marked course on Lake 

Havasu, CA. A temporary safety zone is 

necessary to provide for the safety of the 

crews, spectators, and participants of 

the race and is also necessary to protect 

other vessels and users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

8 a.m. to 4 p.m. on Saturday, February 

19, and Sunday, February 20, 2011. The 

limits of this safety zone are as follows: 

From the California shoreline in 


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9228 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 

position 34°29.40′ N 114°24.12′ W to the 

northern corner 900 yards east in 

position 34°29.40′ N 114°23.39′ W to the 

southern corner 1400 yards south in 

position 34°29.0′ N 114°23.39′ W to the 

California shoreline in position 34°29.0′ 

N 114°24.12′ W. 

This safety zone is necessary to 

ensure unauthorized personnel and 

vessels remain safe by keeping clear of 

the race course during the event. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

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 safety zone is of a limited 

duration, only eight hours per day for a 

period of two days, and is limited to a 

relatively small geographic area. 

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. 

The safety zone will affect the 

following entities some of which may be 

small entities: The owners and operators 

of pleasure craft engaged in recreational 

activities and sightseeing in the 

impacted portion of Lake Havasu on 

February 19 and 20, 2011. This safety 

zone will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons. Vessel traffic can pass safely 

around the area, vessels engaged in 

recreational activities have ample space 

outside of the safety zone to engage in 

these activities, and this safety zone is 

limited in scope and duration as it is 

only in effect for eight hours per day for 

a period of two days. 

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 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 effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9229 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

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 

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. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–392 to read as 

follows: 

§ 165.T11–392 Safety Zone; Havasu 

Landing Regatta, Colorado River, Lake 

Havasu Landing, CA. 

(a) Location. The limits of the safety 

zone will be the navigable waters of 

Lake Havasu bounded by the following 

coordinates: from the California 

shoreline in position 34°29.40′ N 

114°24.12′ W to the northern corner 900 

yards east in position 34°29.40′ N 

114°23.39′ W to the southern corner 

1,400 yards south in position 34°29.0′ N 

114°23.39′ W to the California shoreline 

in position 34°29.0′ N 114°24.12′ W. 

(b) Enforcement Period. This section 

will be in effect from 8 a.m. on February 

19th to 4 p.m. on February 20, 2011. It 

will be enforced from 8 a.m. to 4 p.m. 

each day (February 19, 2011 and 

February 20, 2011). If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, and 

local, state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: February 3, 2011. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2011–3566 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2009–4] 

Administration of Copyright Office 

Deposit Accounts 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Office is 

amending its regulations to set the 

minimum level of activity required to 

hold a deposit account at 12 

transactions per year; require deposit 

account holders to maintain a minimum 

balance in that account; require the 

closure of a deposit account the second 

time it is overdrawn within any 12- 

month period; and offer deposit account 

holders the option of automatic 

replenishment of their account via their 

bank account or credit card. 

DATES: Effective Date: May 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Sandros, Deputy General Counsel 

or Chris Weston, Attorney Advisor. 

Copyright GC/I&R, P.O. Box 70400, 

Washington, DC 20024. Telephone: 

(202) 707–8380. Telefax: (202) 707– 

8366. All prior Federal Register notices 

and public comments in this docket are 

available at http://www.copyright.gov/ 

docs/deposit-acct/eservice/. 

SUPPLEMENTARY INFORMATION: 

Deposit Account Background 

The Copyright Office maintains a 

system of deposit accounts for those 

who frequently use its services. An 

individual or entity may establish a 

deposit account, make advance deposits 

into that account, and charge copyright 

fees against the balance instead of 

sending separate payments with 

applications and other requests for 

services. This process has proven to be 

more efficient and less expensive for 

both the Office and the applicant than 

sending separate payments to the 

Copyright Office for each application for 

registration or for other services. 

The goal of this Final Rule is to solve 

the problems associated with the 

suspension of paper registration 

applications for lack of deposit account 

funds. As explained in the October 8, 

2010 Federal Register Notice of 

Proposed Rulemaking (75 FR 62345), 

when the deposit account being used for 

payment has insufficient funds to 

process a paper application, the 

Copyright Office suspends processing of 

the application to notify the account 

holder that replenishment of the 

account is needed, and places the 

pending application and associated 

deposit copies in temporary storage. The 

suspended applications, which may 

number 3,000 or more at any one time, 

must be reviewed regularly by Office 

staff to locate those that are newly 

funded and reprocess them. Thus, 

insufficient deposit account funding 

effectively doubles—at a minimum—the 

time Office staff must spend processing 

an application, time that would 

otherwise be more profitably spent on 

processing properly filed claims. 

On average, one to three percent of 

paper applications for registration are 

suspended each year due to lack of 


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