Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14279 

approved previously by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581—NEW. 

Termination of the reporting 

requirements will reduce the reporting 

burden on producers by about 11 hours. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. 

Section 524 of the Act provides that 

the Act shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under Section 519 of the Act, a 

person subject to an order may file a 

petition with USDA stating that an 

order, any provision of an order, or any 

obligation imposed in connection with 

an order, is not established in 

accordance with the law, and requesting 

a modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The Act provides 

that the district court of the United 

States for any district in which the 

petitioner resides or conducts business 

shall be the jurisdiction to review a final 

ruling on the petition, if the petitioner 

files a complaint for that purpose not 

later than 20 days after the date of entry 

of USDA’s final ruling. 

List of Subjects in 7 CFR Part 1245 

Administrative practice and 

procedure, Advertising, Consumer 

Education, U.S. Honey, Marketing 

agreements, Promotion, Reporting and 

recordkeeping requirements. 

Accordingly, under the authority of 

7 U.S.C. 7411–7425; 7 CFR part 1245 is 

removed. 

PART 1245—[Removed] 

Dated: March 9, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–6043 Filed 3–15–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0080] 

Drawbridge Operation Regulation; 

Grassy Sound Channel, Middle 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Grassy 

Sound Channel Bridge across the Grassy 

Sound Channel, mile 1.0, at Middle 

Township, NJ. The deviation is 

necessary to facilitate the cleaning and 

painting of the structure. This deviation 

allows the bridge to remain closed for 

the entirety of the deviation period. 

DATES: This deviation is effective from 

5 a.m. on March 1, 2011 to 5 p.m. on 

April 30, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0080 and are available online by going 

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

USCG–2011–0080 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 Mr. Terrance A. Knowles, 

Environmental Protection Specialist, 

Fifth District; Coast Guard; telephone 

757–398–6587, e-mail 

Terrance.A.Knowles@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 Cape 

May County Bridge Commission 

(CMCBC), who owns and operates this 

bascule drawbridge, has requested a 

temporary deviation from the current 

operating schedule to facilitate the 

cleaning and painting of the bridge 

structure. Under the regular operating 

schedule required by 33 CFR 117.721, 

the draw of the bridge shall open on 

signal from 6 a.m. to 8 p.m., from May 

15 through September 30. From 9:15 

a.m. to 2:30 p.m. on the fourth Sunday 

in March of every year, the draw need 

not open for vessels. If the fourth 

Sunday falls on a religious holiday, the 

draw need not open from 9:15 a.m. to 

2:30 p.m. on the third Sunday of March 

of every year. Two hours advance notice 

is required for all other openings by 

calling (609) 368–4591. 

The Grassy Sound Channel Bridge, 

mile 1.0, in Middle Township NJ, has a 

vertical clearance in the closed position 

of 15 feet above mean high water. 

Vessels that can transit under the bridge 

without an opening may do so at any 

time. Under this temporary deviation, 

CMCBC will maintain the bridge in the 

closed position to vessels beginning at 

5 a.m. on March 1, 2011 through 5 p.m. 

on April 30, 2011. 

Historically, in the last two years, the 

bridge has not opened during the 

months of March and April. 

The Coast Guard will inform users of 

the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

The drawbridge will open in the event 

of an emergency. Vessels that can pass 

under the bridge without a bridge 

opening may do so at all times. Vessels 

have an alternate route by transiting 

through the nearby Great Channel 

drawbridge, a detour of approximately 

two miles. 

In accordance with 33 CFR 117.35(e), 

the drawbridge 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: March 3, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–6072 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0117] 

RIN 1625–AA00 

Safety Zone; Todd Pacific Shipyards 

Vessel Roll-Out, West Duwamish 

Waterway, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


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14280 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the West Duwamish Waterway in 

Seattle, Washington for a vessel roll-out 

at Todd Pacific Shipyards. The safety 

zone is necessary to ensure the safety of 

the maritime public as well as the 

workers involved in the roll-out and 

will do so by prohibiting any person or 

vessel from entering or remaining in the 

safety zone unless authorized by the 

Captain of the Port or a Designated 

Representative. 

DATES: This rule is effective on April 1, 

2011 from 12 p.m. until 7 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0117 and are available online by going 

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

USCG–2011–0117 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 Ensign Anthony P. 

LaBoy, Waterways Management 

Division, Coast Guard Sector Puget 

Sound; Coast Guard; telephone 206– 

217–6323, e-mail 

SecotPugetSoundWWM@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 it 

would be contrary to the public interest 

since the event requiring the 

establishment of this safety zone would 

be over before a comment period would 

end and a Final Rule could be 

published. In addition, given the 

dangers involved with a large slow 

moving dry dock maneuvering close to 

the shore, a delay in enacting this safety 

zone would be contrary to the public 

interest. 

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, as the event requiring the 

establishment of this safety zone would 

be over before the temporary final rule 

could be published. Due to the dangers 

involved with a large slow moving dry 

dock maneuvering close to the shore, 

delaying the effective date of this rule 

would be contrary to the public interest. 

Background and Purpose 

Todd Pacific Shipyards is conducting 

a vessel roll-out in the West Duwamish 

Waterway in Seattle, Washington on 

April 1, 2011. Due to the dangers 

involved with a large slow moving dry 

dock that will be maneuvering close to 

the shore, the Coast Guard is 

establishing a temporary safety zone to 

ensure the safety of the workers 

involved as well as the maritime public. 

Discussion of Rule 

The safety zone is being created to 

ensure the public’s safety during a 

vessel roll out that will take place on 

April 1, 2011 in the waters of the West 

Duwamish Waterway. The safety zone 

created by this rule encompasses all 

waters of the West Duwamish Waterway 

in Seattle, Washington within the area 

created by connecting the following 

points: 47°35′′ 04′′ N, 122°21′′ 30′′ W 

thence westerly to 47°35′′ 04′′ N, 

122°21′′ 50′′ W thence northerly to 

47°35′′ 19′′ N, 122°21′′ 50′′ W thence 

easterly to 47°35′′ 19′′ N, 122°21′′ 30′′ W 

thence southerly to 47°35′′ 04′′ N, 

122°21′′ 30′′ W. All persons and vessels 

will be prohibited from entering or 

remaining in the safety zone. The safety 

zone will be effective on April 1, 2011 

from 12 p.m. to 7 p.m. unless cancelled 

sooner by the Captain of the Port or his 

Designated Representative. 

The safety zone will be enforced by 

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

Port may also be assisted in the 

enforcement of this safety zone by other 

Federal, State, or local agencies. 

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 

finding based on the fact that the safety 

zone is enforced for only seven hours on 

one day, and maritime traffic may be 

able to transit through the safety zone 

with permission of the Captain of the 

Port or his Designated Representative. 

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 through the 

safety zone created by this rule. This 

rule will not have a significant 

economic impact on a substantial 

number of small entities, although the 

safety zone will apply to the entire 

width of the waterway, the zone is 

enforced for only seven hours on one 

day, and vessel traffic will be allowed 

to pass through the safety zone with the 

permission of the Captain of the Port or 

his Designated Representative. 

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– 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14281 

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 

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 

temporary safety zone. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be 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. Section 165.T13–176 is added to 

read as follows: 

§ 165.T13–176 Safety Zone; Todd Pacific 

Shipyards Vessel Roll-Out, West Duwamish 

Waterway, Seattle, WA. 

(a) Location. The following area is a 

safety zone: All waters of the West 

Duwamish Waterway in Seattle, WA 

encompassed within the area created by 

connecting the following points: 

47°35′04′′ N, 122°21′30′′ W thence 

westerly to 47°35′04′′ N, 122°21′50′′ W 

thence northerly to 47°35′19′′ N, 

122°21′50′′ W thence easterly to 

47°35′19′′ N, 122°21′30′′ W thence 

southerly to 47°35′04′′ N, 122°21′30′′ W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

rule unless authorized by the Captain of 

the Port or his Designated 

Representative. See 33 CFR part 165, 

Subpart C, for additional information 

and requirements. Vessel operators 

wishing to enter the zone during the 

enforcement period must request 

permission for entry by contacting 

Vessel Traffic Service Puget Sound on 

VHF channel 14, or the Sector Puget 

Sound Joint Harbor Operations Center at 

(206) 217–6001. 

(c) Enforcement Period. The safety 

zone created in this rule is enforced 

from 12 p.m. to 7 p.m. on April 1, 2011 

unless cancelled sooner by the Captain 

of the Port. 

Dated: March 1, 2011. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2011–6070 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–04–P 


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