Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9221 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it establishes controlled 

airspace at Morgan Hospital Heliport, 

Martinsville, IN. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL IN E5 Martinsville, IN [New] 

Martinsville, Morgan Hospital Heliport, IN 

Point in Space 

(Lat. 39°25′00′′ N., long. 86°24′49′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Morgan Hospital Heliport point in 

space at lat. 39°25′00′′ N., long. 86°24′49′′ W. 

Issued in Fort Worth, Texas, on February 

8, 2011. 

Richard J. Kervin, Jr., 

Acting Manager Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–3550 Filed 2–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0039] 

RIN 1625–AA08 

Special Local Regulations; Patriot 

Challenge Kayak Race, Ashley River, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

the Patriot Challenge Kayak Race in 

Charleston, SC. The race will take place 

on April 10, 2011 on the Ashley River. 

These special local regulations are 

necessary to insure the safety of life on 

navigable waters during the race. These 

special local regulations will 

temporarily restrict vessel traffic in a 

portion of the Ashley River, preventing 

non-participant vessels from entering 

the regulated areas. 

DATES: This rule is effective from 1 p.m. 

until 3 p.m. on April 10, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0039 and are available online by going 

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

USCG–2011–0039 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 rule, call or 

e-mail Lieutenant Julie E. Blanchfield, 

Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone 843–740–3184, e-mail 

Julie.E.Blanchfield@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 the 

Coast Guard did not receive notice of 

the Patriot Challenge Kayak Race with 

sufficient time to publish an NPRM in 

advance of the effective date of this rule. 

Any delay in the effective date of this 

rule would be contrary to the public 

interest because immediate action is 

needed to minimize potential danger to 

the race participants as well as the 

general public. 

Background and Purpose 

On April 10, 2011, the Patriot 

Challenge Kayak Race is scheduled to 

take place on the Ashley River in 

Charleston, SC. The race will consist of 

approximately 100 vessels, including 

race kayaks. The race will commence at 

Brittlebank Park, transit the Ashley 

River, head north between Shutes Folly 

Island and the Charleston peninsula, 

and then turn around in Tidewater 

Reach. The race will then return to 

Brittlebank Park by the same route. 

These special local regulations are 

necessary to protect race participants, 

spectators, and other persons and 

vessels from the hazards associated with 

the race. 

Discussion of Rule 

The special local regulations consist 

of a series of buffer zones around race 

participant vessels. These buffer zones 

are as follows: (1) All waters within 75 

yards in front of the lead safety vessel; 

(2) all waters within 75 yards behind the 

last safety vessel; and (3) all waters 

within 100 yards on either side of each 

participating vessel, including race 

kayaks. Information regarding the 

identity of the lead safety vessel and the 

last safety vessel will be provided prior 

to the race via broadcast notice to 

mariners and marine safety information 

bulletins. Persons and vessels are 

prohibited from entering, transiting 


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9222 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 

through, anchoring, or remaining within 

the buffer zones unless specifically 

authorized by the Captain of the Port 

Charleston or a designated 

representative. These special local 

regulations will be effective from 1 p.m. 

until 3 p.m. on April 10, 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. 

We expect the economic impact of 

this rule to be so minimal that a full 

regulatory evaluation is unnecessary. 

This rule may have some impact on the 

public, but these potential impacts will 

be minimal for the following reasons: 

(1) The rule will be in effect for only 

two hours; (2) although persons and 

vessels will not be able to enter, transit 

through, anchor in, or remain within the 

buffer zones without authorization from 

the Captain of the Port Charleston or a 

designated representative, they may 

operate in the surrounding area during 

the effective period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the buffer 

zones if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4) advance 

notification will be made to the local 

maritime community via broadcast 

notice to mariners. 

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 or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of the Ashley River 

encompassed within the buffer zones 

from 1 p.m. until 3 p.m. on April 10, 

2011. For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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 (adjusted for 

inflation) 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. 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9223 

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 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)(h), of the Instruction. This rule 

involves special local regulations issued 

in conjunction with a regatta or marine 

parade. Under figure 2–1, paragraph 

(34)(h), 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—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 § 100.T07–0039 to read as 

follows: 

§ 100.T07–0039 Special Local Regulations; 

Patriot Challenge Kayak Race, Ashley River, 

Charleston, SC. 

(a) Regulated Areas. The following 

buffer zones are regulated areas during 

the Patriot Challenge Kayak Race: all 

waters within 75 yards in front of the 

lead safety vessel; all waters within 75 

yards behind the last safety vessel; and 

all waters within 100 yards on either 

side of each participating vessel, 

including race kayaks. Information 

regarding the identity of the lead safety 

vessel and the last safety vessel will be 

provided prior to the race via broadcast 

notice to mariners and marine safety 

information bulletins. The race will 

commence at Brittlebank Park, transit 

the Ashley River, head north between 

Shutes Folly Island and the Charleston 

peninsula, and then turn around in 

Tidewater Reach. The race will then 

return to Brittlebank Park by the same 

route. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, State, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. 

(1) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated areas unless 

otherwise authorized by the Captain of 

the Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas may 

contact the Captain of the Port 

Charleston by telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16 to seek 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such permission 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas through 

advanced notice via broadcast notice to 

mariners and by on-scene designated 

representatives. 

(d) Effective Date. The rule is effective 

from 1 p.m. until 3 p.m. on April 10, 

2011. 

Dated: February 8, 2011. 

Michael F. White, Jr., 

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

Port Charleston. 

[FR Doc. 2011–3573 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2011–0026] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Rock 

Island Railroad and Highway 

Drawbridge across the Upper 

Mississippi River, mile 482.9, at Rock 

Island, Illinois. The deviation is 

necessary to allow the Quad City 

Marathon to cross the bridge. This 

deviation allows the bridge to be 

maintained in the closed-to-navigation 

position for four hours. 

DATES: This deviation is effective from 

7:30 a.m. to 11:30 a.m. on September 25, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0026 and are available online by going 

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

USCG–2011–0026 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 rule, call or 

e-mail Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone (314) 269–2378, 

e-mail Eric.Washburn@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois to remain 

in the closed-to-navigation position for 

a four hour period from 7:30 a.m. to 

11:30 a.m., September 25, 2011, while a 

marathon is held between the cities of 

Davenport, IA and Rock Island, IL. The 


jlentini on DSKJ8SOYB1PROD with RULES