13884 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Rules and Regulations 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

210 4–1–11 5–1–11 2.50 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for April–June 2011, as set forth 

below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the months— 

The values of it are: 

it for t = it for t = it for t = 

*******

April–June 2011 ................................................................ 0.0396 1–20 0.0432 > 20 N/A N/A 

Issued in Washington, DC, on this 10th day 

of March 2011. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2011–6054 Filed 3–14–11; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–1094] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; Temporary Change of Dates for 

Recurring Marine Event in the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for a 

recurring marine event in the Fifth 

Coast Guard District. These regulations 

apply to four recurring marine events 

that conduct a rescue at sea 

demonstration, an air show, a 

swimming competition, and power boat 

races. Special local regulations are 

necessary to provide for the safety of life 

on navigable waters during these events. 

This action is intended to restrict vessel 

traffic in a portion of the Severn River 

at Annapolis, MD, the Chester River 

near Chestertown, MD, and Prospect 

Bay at Kent Island, MD during the 

events. 

DATES: This rule is effective from April 

1, 2011 through September 1, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–1094 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1094 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 Mr. Ronald L. Houck, 

Project Manager, Coast Guard Sector 

Baltimore Waterways Management 

Division, telephone 410–576–2674, 

email Ronald.L.Houck@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 

On January 11, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulation for 

Marine Event; Temporary Change of 

Dates for Recurring Marine Event in the 

Fifth Coast Guard District’’ in the 

Federal Register (76 FR 7). We received 

no comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday parades. 

For a description of the geographical 

area of Coast Guard Sector Baltimore— 

Captain of the Port Zone, please see 33 

CFR 3.25. 

This regulation temporarily changes 

the enforcement period of special local 

regulations for recurring marine events 

within the Fifth Coast Guard District. 

This regulation applies to four marine 

events previously published at 33 CFR 

100.501, Table to § 100.501. 

The first event is the annual ‘‘Safety 

at Sea Seminar,’’ sponsored by the U.S. 

Naval Academy, on the waters of the 

Severn River at Annapolis, MD. The 

regulation at 33 CFR 100.501 is effective 

annually for the Safety at Sea Seminar 

marine event. The event consists of 

demonstrations of at sea rescues 

including surface and air platforms held 

on and above the waters of the Severn 

River in Annapolis, MD. Visual distress 

signal devices will be used and a 

helicopter with small boats will be 

operating before a large fleet of spectator 

crafts. Therefore, to ensure the safety of 

participants and support vessels, 33 

CFR 100.501 would be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.501, from 11 a.m. to 1:30 

p.m. on April 2, 2011, vessels may not 

enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. Vessel traffic 

may be allowed to transit the regulated 


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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Rules and Regulations 13885 

area only when the Patrol Commander 

determines it is safe to do so. 

The second event is the annual ‘‘Blue 

Angels Air Show,’’ sponsored by the 

U.S. Naval Academy, on the waters of 

the Severn River at Annapolis, MD. The 

regulation at 33 CFR 100.501 is effective 

annually for the Blue Angels Air Show 

marine event. The event consists of one 

day for arrival and practice and a 

second day for the Air Show held above 

the waters of the Severn River, at 

Annapolis, MD. High performance 

military aircraft will conduct maneuvers 

before a large fleet of spectator crafts. 

Therefore, to ensure the safety of 

participants and support vessels, 33 

CFR 100.501 would be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.501, from 10:30 a.m. to 

4 p.m. on May 24, 2011 and from 

1:30 p.m. to 4 p.m. on May 25, 2011, 

vessels may not enter the regulated area 

unless they receive permission from the 

Coast Guard Patrol Commander. Vessel 

traffic may be allowed to transit the 

regulated area only when the Patrol 

Commander determines it is safe to do 

so. 

The third event is the annual 

‘‘Maryland Swim for Life,’’ sponsored by 

the District of Columbia Aquatics Club, 

on the waters of the Chester River near 

Chestertown, MD. The regulation at 33 

CFR 100.501 is effective annually for the 

Maryland Swim for Life marine event. 

The event is an open water swimming 

competition held on the waters of the 

Chester River, near Chestertown, MD. 

Approximately 200 swimmers will start 

from Rolph’s Wharf and swim up-river 

2.5 miles then swim down-river 

returning back to Rolph’s Wharf. A large 

fleet of support vessels accompany the 

swimmers. Therefore, to ensure the 

safety of participants and support 

vessels, 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 5:30 a.m. to 2:30 p.m. on June 25, 

2011, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic may be 

allowed to transit the regulated area 

only when the Patrol Commander 

determines it is safe to do so. 

The fourth event is the annual 

‘‘Thunder on the Narrows,’’ sponsored 

by the Kent Narrows Racing 

Association, on the waters of Prospect 

Bay at Kent Island, MD. The regulation 

at 33 CFR 100.501 is effective annually 

for the Thunder on the Narrows marine 

event. The event consists of two days of 

power boat racing on the waters of 

Prospect Bay, at Kent Island, MD. High 

performance power boats will race on a 

designated course before a large fleet of 

spectator crafts. Therefore, to ensure the 

safety of participants and support 

vessels, 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 9:30 a.m. to 6:30 p.m. on June 25, 

2011 and from 9:30 a.m. to 6:30 p.m. on 

June 26, 2011, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic may be 

allowed to transit the regulated area 

only when the Patrol Commander 

determines it is safe to do so. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the NPRM. No 

public meeting was requested and none 

was held. 

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 rule prevents traffic 

from transiting a portion of certain 

waterways during specified events, the 

effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect 

and the extensive advance notifications 

that will be made to the maritime 

community via marine information 

broadcasts, local radio stations and area 

newspapers, so mariners can adjust 

their plans accordingly. Additionally, 

this rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 

Table to § 100.501. Furthermore, in 

some cases vessel traffic may be able to 

transit the regulated area when the 

Coast Guard Patrol Commander deems it 

is safe to do so. 

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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the area where the marine event is being 

held. This regulation will not have a 

significant impact on a substantial 

number of small entities because it will 

be enforced only during marine events 

that have been permitted by the Coast 

Guard Captain of the Port. The Captain 

of the Port will ensure that small 

entities are able to operate in the areas 

where events are occurring when it is 

safe to do so. In some cases, vessels will 

be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. Before the 

enforcement period, the Coast Guard 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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). 


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13886 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Rules and Regulations 

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. 

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)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

of waterway users and shore side 

activities in the event area. The category 

of water activities includes but is not 

limited to sail boat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—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. In § 100.501, suspend lines No. 13, 

No. 19, No. 21 and No. 23, and add new 

heading and entries 65, 66, 67, and 68 

in the Table to § 100.501 to read as 

follows: 

§ 100.501–T05–1094 Special Local 

Regulations; Recurring Marine Event in the 

Fifth Coast Guard District. 

* * * * * 

Table To § 100.501. All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 

* * * * * 


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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Rules and Regulations 13887 

Number Date Event Sponsor Location 

Coast Guard Sector Baltimore—COTP Zone 

65 ................ April 2, 2011 .............. Safety at Sea Seminar .. U.S. Naval Academy ..... All waters of the Severn River from shoreline to 

shoreline, bounded to the northwest by a line 

drawn from the south shoreline at latitude 

39°00′38.9′′ N., longitude 076°31′05.2′′ W. 

thence to the north shoreline at latitude 

39°00′54.7′′ N., longitude 076°30′44.8′′ W., this 

line is approximately 1300 yards northwest of 

the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a 

line drawn from the Naval Academy Light at 

latitude 38°58′39.5′′ N., longitude 076°28′49′′ 

W. thence southeast to a point 700 yards east 

of Chinks Point, MD, at latitude 38°58′1.9′′ N., 

longitude 076°28′1.7′′ W. thence northeast to 

Greenbury Point at latitude 38°58′29′′ N., longitude 076°27′16′′ W. 

66 ................ May 24 and 25, 2011 Blue Angels Air Show .... U.S. Naval Academy ..... All waters of the Severn River from shoreline to 

shoreline, bounded to the northwest by a line 

drawn from the south shoreline at latitude 

39°00′38.9′′ N., longitude 076°31′05.2′′ W. 

thence to the north shoreline at latitude 

39°00′54.7′′ N., longitude 076°30′44.8′′ W., this 

line is approximately 1300 yards northwest of 

the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a 

line drawn from the Naval Academy Light at 

latitude 38°58′39.5′′ N., longitude 076°28′49′′ 

W. thence southeast to a point 700 yards east 

of Chinks Point, MD, at latitude 38°58′1.9′′ N., 

longitude 076°28′1.7′′ W. thence northeast to 

Greenbury Point at latitude 38°58′29′′ N., longitude 076°27′16′′ W. 

67 ................ June 25, 2011 ........... Maryland Swim for Life .. District of Columbia 

Aquatics Club.

The waters of the Chester River from shoreline to 

shoreline, bounded on the south by a line 

drawn at latitude 39°10′16′′ N., near the Chester River Channel Buoy 35 (LLN–26795) and 

bounded on the north at latitude 39°12′30′′ N. 

by the Maryland S.R. 213 Highway Bridge. 

68 ................ June 25 and 26, 2011 Thunder on the Narrows Kent Narrows Racing 

Association.

All waters of Prospect Bay enclosed by the following points: Latitude 38°57′52.0′′ N., longitude 076°14′48.0′′ W., to latitude 38°58′02.0′′ 

N., longitude 076°15′05.0′′ W., to latitude 

38°57′38.0′′ N., longitude 076°15′29.0′′ W., to 

latitude 38°57′28.0′′ N., longitude 076°15′23.0′′ 

W., to latitude 38°57′52.0′′ N., longitude 

076°14′48.0′′ W. 

Dated: February 19, 2011. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2011–5894 Filed 3–14–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110218149–1182–01] 

RIN 0648–BA86 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish (MSB) Fishery; Revision of 

2011 Butterfish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: NMFS issues this temporary 

rule pursuant to its authority to issue 

emergency measures under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This 

emergency action increases the 

butterfish allowable biological catch 

(ABC) for the 2011 fishing year from 

1,500 mt to 1,811 mt, and applies the 

increase to the butterfish mortality cap 

in the Loligo squid fishery, based on the 

most recent and best available scientific 

information. 

DATES: Effective March 15, 2011, 

through September 12, 2011. Comments 

must be received by April 14, 2011. 

ADDRESSES: The supplemental EA is 

available by request from: Patricia 

Kurkul, Regional Administrator, 


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