Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2579 

Because no general notice of proposed 

rulemaking is required for this 

amendment, the Regulatory Flexibility 

Act of 1980 does not apply. See 5 U.S.C. 

601(2). 

List of Subjects in 29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 29 

CFR part 4022 is amended as follows: 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4022 

continues to read as follows: 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

208, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

208 2–1–11 3–1–11 2.50 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

208, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

208 2–1–11 3–1–11 2.50 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 10th day 

of January 2011. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2011–725 Filed 1–13–11; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1112] 

RIN 1625–AA00 

Safety Zone; Lake Mead Intake 

Construction, Lake Mead, Boulder City, 

NV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Lake Mead in 

support of the construction project for 

Lake Mead’s Intake #3 during the first 

6 months of 2011. Blasting will take 

place at regular intervals at the location 

and in the manner set forth herein. This 

safety zone is necessary to ensure 

unauthorized personnel and vessels 

remain safe by keeping clear of the 

hazardous area during blasting 

operations. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port (COTP) or his designated 

representative. 

DATES: This rule is effective in the CFR 

on January 14, 2011 through June 30, 

2011. This rule is effective with actual 

notice for purposes of enforcement from 

January 1, 2011 until June 30, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1112 and are available online by going 

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

USCG–2010–1112 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 BM1 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 such 

publication would be impractical given 

the timing of the construction. 

Immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of 

any blasting on the dates and times this 

rule will be in effect. 


srobinson on DSKHWCL6B1PROD with RULES
2580 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 

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. Delay in the effective date will 

be contrary to the public interest. 

Immediate action is needed to ensure 

public safety in the vicinity of blasting 

activities. 

Background and Purpose 

Vegas Tunnel Construction will be 

conducting intermittent blasting 

operations for the placement of a water 

intake pipe in Lake Mead during the 

first 6 months of 2011. A safety zone is 

necessary to ensure unauthorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during blasting operations. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone from January 1, 2011 

through June 30, 2011. The safety zone 

will be enforced only during blasting 

operations, which will occur weekly at 

8 a.m. and 11 a.m., Mondays through 

Thursdays, and 8 a.m. on Fridays. 

Operations will be preceded by a local 

Broadcast Notice to Mariners at least 

one hour prior to the commencement of 

each blast. In the event additional blasts 

are required due to the needs of the 

construction company, the public will 

be notified as soon as practicable, but in 

no event less than one hour prior to 

blasting. 

The limits of the safety zone will 

include the navigable waters within a 

1300 foot radius of construction vessels 

during transit and while at the blast site 

located at approximately 36°05′24′′ N, 

114°45′60′′ W. This safety zone is 

necessary to ensure unauthorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during blasting activities. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) 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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the size 

and location of the safety zone. The 

safety zone is a small zone in a wide 

area of Lake Mead, and it will only be 

enforced intermittently. Commercial 

and recreational vessels will not be 

allowed to transit through the safety 

zone while blasting operations are being 

conducted. However, these vessels will 

be able to travel around the safety zone. 

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 

the vicinity of Lake Mead Intake #3 

(approximately 36°05′24′′ N, 114°45′60′′ 

W) during blasting operations from 

January 1, 2011 through June 30, 2011. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced only when blasting work is 

actively being conducted. Vessel traffic 

can pass safely around the zone. Before 

the effective period, the construction 

company will issue a Broadcast Notice 

to Mariners (BNM) at least one hour 

prior to the beginning of blasting and 

the enforcement of this zone. 

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 (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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2581 

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 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, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–387 to read as 

follows: 

§ 165.T11–387 Safety Zone; Lake Mead 

Intake Construction; Lake Mead, Boulder 

City, NV 

(a) Location. The limits of the safety 

zone will include the navigable waters 

of Lake Mead within a 1300 foot radius 

of the construction vessels working on 

Lake Mead Intake #3, located at 

approximately 36°05′24′′ N, 114°45′60′′ 

W. 

(b) Enforcement Period. This section 

will be in effect from January 1, 2011 

through June 30, 2011. The safety zone 

will only be enforced during blasting 

operations. Blasting operations will 

occur weekly at 8 a.m. and 11 a.m., 

Mondays through Thursdays, and at 8 

a.m. on Fridays. The Coast Guard will 

publish a Local Notice to Mariners 

before the rule takes effect. The 

construction crew will notify the public 

via Broadcast Notice to Mariners at least 

one hour prior to commencement of 

each blasting operation. In the event 

additional blasts are required due to the 

needs of the construction company, the 

public will be notified as soon as 

practicable, but in no event less than 

one hour prior to blasting. If blasting 

concludes prior to the scheduled 

termination time, the COTP will cease 

enforcement of this safety zone and a 

Broadcast Notice to Mariners will be 

issued to notify the public that 

enforcement has ended. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

Commissioned, Warrant, or Petty 

Officers of the Coast Guard, Coast Guard 

Auxiliary, or local, state, and federal 

law enforcement vessels who have been 

authorized to act on the behalf of the 

COTP. 

(2) Unauthorized personnel and 

vessels, means any civilian boats, 

fishermen, divers, and swimmers. 

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

through or anchoring within this safety 

zone is prohibited unless authorized by 

the COTP San Diego or his designated 

representative. 

(2) Unauthorized personnel and 

vessels wishing to transit through the 

safety zone may request authorization to 

do so from the COTP San Diego or his 

designated representative using VHF– 

FM Channel 16, or telephone number 

(619) 278–7033. 

(3) Vessels involved in construction 

operations are allowed within the 

confines of the established safety zone. 

(4) All persons and vessels shall 

comply with the instructions of the 

Coast Guard COTP or his designated 

representative. 

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

Guard or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(6) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: December 29, 2010. 

P.J. Hill, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port San Diego. 

[FR Doc. 2011–692 Filed 1–13–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2010–0107; FRL–9253–3] 

Action To Ensure Authority To Issue 

Permits Under the Prevention of 

Significant Deterioration Program to 

Sources of Greenhouse Gas 

Emissions: Federal Implementation 

Plan for Jefferson County, KY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is establishing a federal 

implementation plan (FIP) to apply in 

Jefferson County, Kentucky because the 


srobinson on DSKHWCL6B1PROD with RULES