Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11961 

inserting USCG–2011–0116 in the 

‘‘Keywords’’ 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 Mr. Bill H. Brazier, Bridge 

Management Specialist, Fifth Coast 

Guard District; telephone 757–398– 

6422, e-mail Bill.H.Brazier@uscg.mil. If 

you have questions on viewing the 

docket, call Renne V. Wright, Program 

Manager, Docket Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this vertical-lift 

bridge, has requested a temporary 

deviation from the current operating 

schedule to facilitate painting of the 

structure. 

Under the regular operating schedule 

the bridge opens on signal as required 

by 33 CFR 117.5, except that under 33 

CFR 117.823, the draw need not open 

for the passage of vessels from 8 a.m. to 

10 a.m. on the second Saturday of July 

and from 7 a.m. to 11 a.m. on the second 

Sunday of November every year. 

The Cape Fear River Memorial Bridge 

across the Cape Fear River, mile 26.8, at 

Wilmington, NC has vertical clearances 

in the open and closed positions of 135 

feet and 65 feet above mean high water, 

respectively. 

Under this temporary deviation, the 

drawbridge will operate as follows: 

From 7 a.m. on March 15, 2011 through 

11:59 p.m. on July 30, 2011 vessel 

openings will be provided if at least 

three hours advance notice is given to 

the bridge tender at (910) 251–5773 or 

via marine radio on channel 18 VHF. In 

addition, to accommodate scaffolding, 

the available vertical clearances of 

portions of the drawbridge (up to half of 

the drawbridge at one time) will be 

reduced by approximately four feet to 

131 feet and 61 feet above mean high 

water, respectively. There are no 

alternate routes for vessels transiting 

this section of the Cape Fear River. 

Typical vessel traffic on the Cape Fear 

River includes a variety of vessels from 

freighters, tug and barge traffic, and 

recreational vessels. Vessels that can 

pass under the bridge without a bridge 

opening may continue to do so at 

anytime. 

The Coast Guard has carefully 

coordinated the restrictions with 

commercial and recreational waterway 

users. The Coast Guard will use Local 

and Broadcast Notice to Mariners to 

inform all users of the waterway of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its regular 

operating schedule immediately at the 

end of the designated time period. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 23, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–4854 Filed 3–3–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0127] 

RIN 1625–AA00 

Safety Zone, Dredging Operations; 

Delaware River, Marcus Hook, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Delaware River while 

the Dredge Pullen conducts dredging 

operations at the Sunoco Marcus Hook 

docks in the vicinity of the Marcus 

Hook Range near Marcus Hook, PA. 

This action is necessary to maintain the 

42 ft. berth draft in this portion of the 

Delaware River. The dredging action 

will facilitate commerce and safe 

navigation within the Port of 

Philadelphia, PA. 

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

on March 3, 2011 through 10 p.m. on 

March 14, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0127 and are available online by going 

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

USCG–2011–0127 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 Lieutenant Corrina 

Ott Coast Guard; telephone 215–271– 

4902, e-mail Corrina.Ott@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 

delaying the effective date is contrary to 

the public interest because the transport 

of fuel oils is currently hindered by the 

reduction in vessel draft for that area. In 

addition, the dredging operations are 

necessary for the facilitation of safe 

navigation within the Delaware River. 

For the same reasons, 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. 

Basis and Purpose 

The dredging described above is 

necessary for the continuation of safe 

navigation of deep draft vessels on this 

part of the Delaware River. This safety 

zone is necessary to protect mariners 

and members of the public from the 

hazards associated with dredging. 

Background 

On March 3, the Dredge Pullen will 

begin dredging in the vicinity of Sunoco 

Marcus Hook for maintenance of the 

facility berth. Current berth draft does 

not allow for deep draft vessels to safely 

deliver and transport cargo through the 

regulated portion of the Delaware River. 

Dredging will maintain and ensure a 

depth of 42 ft. through this portion of 

the Delaware River. This safety zone 

will allow dredging operations to ensure 

the 42 ft. draft of this portion of the 

Delaware River. Such operations will 

facilitate the movement of commerce by 

allowing the dredging to maintain the 

berth’s 42 foot depth, allowing for deep 


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11962 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

draft vessels to safely deliver and 

transport cargo through the Port of 

Philadelphia. 

Discussion of Rule 

The Coast Guard Captain of the Port 

Delaware Bay is establishing a 

temporary safety zone from 8 a.m. on 

March 3, 2011 to 10 p.m. on March 14, 

2011. The boundary line for the 

temporary safety zone starts at position 

39 48′44.51′′ N, 75 24′38.76′′ W then 

East to position 39 48′29.33′′ N, 75 

24′27.88′′ W, then South to 39 48′16.74′′ 

N, 75 24′54.20′′ W, then West to the 

shoreline in the vicinity of Sunoco 

Marcus Hook, in Marcus Hook, PA. 

Vessels will be allowed to transit 

adjacent to the safety zone through 

Anchorage #7; additionally, vessels 

wishing to anchor in Anchorage #7 will 

be allowed to do so in the upper end on 

a first come, first served basis for an 

anchorage period not to exceed 24 

hours. Vessels should contact Sector 

Delaware Bay at 215–271–4807 to make 

advanced arrangements for such 

anchorage at Anchorage #7. 

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. Although this regulation will 

prevent traffic from transiting a portion 

of the Delaware River during the 

dredging operations, the effect of this 

regulation will not be significant due to 

the limited effective period of 

approximately 12 days. Advanced 

maritime advisories will be issued by 

the Coast Guard for users of the 

Delaware River. The regulated area has 

been narrowly tailored to impose the 

least impact on general navigation yet 

provide the level of safety deemed 

necessary. And, vessel traffic will be 

able to transit safety through the 

Delaware River, through the lower end 

of Anchorage #7, adjacent to the 

regulated 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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Delaware River from 

March 3, 2011 to March 14, 2011. 

Although this regulation prevents traffic 

from transiting a portion of the 

Delaware River, this rule will not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule would 

be in effect for only a limited period. 

Vessel traffic will be diverted through 

the lower end of Anchorage #7 to allow 

vessel traffic to transit safely around the 

affected area of the Delaware River 

thereby ensuring continued traffic on 

the Delaware River; additionally, vessels 

traffic will be allowed to anchor at the 

upper end of Anchorage #7. All Coast 

Guard vessels enforcing this regulated 

area can be contacted on marine band 

radio VHF–FM Channel 16 (156.8 MHz) 

and at 215–271–4807. Before the 

effective period, we will issue maritime 

advisories widely available to users of 

the river. 

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 


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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11963 

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 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 implementation of regulations 

within 33 CFR part 165, applicable to 

safety zones on the navigable 

waterways. This zone will allow for 

maintenance dredging and debris 

disposal where no new depths are 

required, applicable permits have been 

secured, and disposal will be at an 

existing approved disposal site. 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0127, to 

read as follows 

§ 165.T05–0127 Safety Zone; Delaware 

River, Marcus Hook, PA 

(a) Location. The boundary line for 

the temporary safety zone starts at 

position 39 48′44.51′′ N, 75 24′38.76′′ W 

then East to position 39 48′29.33′′ N, 75 

24′27.88′′ W, then South to 39 48′16.74′′ 

N, 75 24′54.20′′ W, then West to the 

shoreline in the vicinity of Sunoco 

Marcus Hook, in Marcus Hook, PA. All 

coordinates reference Datum, NAD 

1983. 

(b) Effective period. This rule is 

effective from 8 a.m. on March 3, 2011 

through 10 p.m. on March 14, 2011. 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) No person may enter a safety zone 

unless authorized by the COTP or the 

District Commander, 

(2) No person may bring or cause to 

be brought into a safety zone any 

vehicle, vessel, or object unless 

authorized by the COTP or District 

Commander, 

(3) No person may remain in a safety 

zone or allow any vehicle, vessel, or 

object to remain in a safety zone unless 

authorized by the COTP or the District 

Commander, 

(4) Each person in a safety zone who 

has notice of a lawful order or direction 

shall obey the order or direction of the 

COTP or District Commander issued to 

carry out the purposes of this subpart. 

(d) Definitions. The Captain of the 

Port means the Commanding Officer of 

Sector Delaware Bay or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on her behalf. 

Dated: February 28, 2011. 

Meredith L. Austin, 

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

Port Delaware Bay. 

[FR Doc. 2011–4973 Filed 3–3–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2009–0517; FRL–9275–7] 

Updating Cross-References for the 

Oklahoma State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: In this rule, EPA is making a 

minor correction to the final rule titled, 

‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions 

Concerning Greenhouse Gas EmittingSources in State Implementation Plans’’ 

to correct the regulatory text related to 

Oklahoma’s State Implementation Plan 

(SIP). Region 6 approved revisions to 

the Oklahoma SIP that recodified the 

regulations. This approved 

recodification took effect on December 

27, 2010. This rule updates crossreferences in the regulatory text in light 

of this recodification. 

DATES: Effective Date: These correcting 

amendments are effective on March 4, 

2011. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2009–0517. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 


jdjones on DSK8KYBLC1PROD with RULES2