Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18397 

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 establishing a temporary safety 

zone on Oso Bay in Corpus Christi, 

Texas. 

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.T08–0140 to 

read as follows: 

§ 165.T08–0139 Safety Zone; Naval Air 

Station Corpus Christi Air Show, Oso Bay, 

Corpus Christi, TX. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters within the points, Ocean Drive 

Bridge over Oso Bay, (27N 42′36.2′′, 

¥97 W 18′31.4′′) running south to the 

point (27N 41′50.4′′ ¥97 W 18′52.4′′), 

running southeast to the Turtle Cove 

Park (27N 41′3.3′′, ¥97 W 17′55.6′′) and 

running north along the shoreline of the 

Naval Air Station back to the Ocean 

Drive bridge across Oso Bay. The zone 

resembles a triangle running from the 

Ocean Drive Bridge over Oso Bay south 

to the point in the middle of the Bay, 

then east towards Turtle Cove Park and 

then running along the shoreline of the 

Naval Air Station back to the bridge 

across Oso Bay. 

(b) Enforcement Period. The rule will 

be enforced from approximately 8 a.m. 

until approximately 7 p.m., daily, from 

Friday, April 8, 2011 until Sunday, 

April 10, 2011, unless canceled sooner 

by the Captain of the Port. 

(c) Definitions. The term ‘‘designated 

representative’’ means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Corpus Christi or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Corpus 

Christi via telephone at 361–939–6393, 

or a designated representative via VHF 

radio on channel 16, to seek permission. 

If permission to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Corpus Christi or a 

designated representative, all persons 

and vessels receiving such permission 

must comply with the instructions of 

the Captain of the Port Corpus Christi or 

a designated representative. (3) The 

Coast Guard will provide notice of the 

regulated area via local notice to 

mariners, marine safety information 

bulletins, broadcast notice to mariners, 

and by on-scene designated 

representatives. 

(e) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: March 2, 2011. 

K. Moore, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Corpus Christi. 

[FR Doc. 2011–7874 Filed 4–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0939] 

RIN 1625–AA00 

Safety Zones; M/V Davy Crockett, 

Columbia and Willamette Rivers 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

extending the stationary and moving 

emergency safety zones established on 

the waters of the Columbia and 

Willamette Rivers surrounding the M/V 

DAVY CROCKETT. The Coast Guard is 

also reducing the size of the stationary 

emergency safety zone surrounding the 

M/V DAVY CROCKETT at 

approximately river mile 117 on the 

Columbia River. The safety zones are 

necessary to help ensure the safety of 

the response workers and maritime 

public from the hazards associated with 

deleterious state of and ongoing 

response operations involving the M/V 

DAVY CROCKETT. All persons and 

vessels are prohibited from entering or 

remaining in the safety zones unless 

authorized by the Captain of the Port, 

Columbia River or his designated 

representative. 

DATES: This rule is effective from April 

4, 2011 through April 17, 2011. This 

rule is effective with actual notice for 

purposes of enforcement on March 11, 

2011. This rule will remain in effect 

through April 17, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0939 and are available online by going 

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

USCG–2010–0939 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 MST1 Jaime Sayers, 

Waterways Management Division, 

Marine Safety Unit Portland, Coast 

Guard; telephone 503–240–9319, e-mail 

Jaime.A.Sayers@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 


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18398 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

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 to do 

so would be contrary to public interest 

since the safety zones are immediately 

necessary to help ensure the safety of 

the response workers and maritime 

public due to deleterious state of and 

ongoing response operations involving 

the M/V DAVY CROCKETT. 

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 because to do so would be 

contrary to public interest since the 

safety zones are immediately necessary 

to help ensure the safety of the response 

workers and maritime public due to 

deleterious state of and ongoing 

response operations involving the M/V 

DAVY CROCKETT. 

Background and Purpose 

The M/V DAVY CROCKETT, a 431 ft 

barge, is anchored on the Washington 

State side of the Columbia River at 

approximately river mile 117. The 

vessel is in a severe state of disrepair. 

The Coast Guard, other state and federal 

agencies, and Federal contractors are 

working to remove the vessel. The 

response operations require a minimal 

wake in the vicinity of the vessel to 

minimize the spread of contaminants 

and help ensure the safety of response 

workers on or near the vessel and in the 

water. In addition, due the deleterious 

state of the vessel only authorized 

persons and/or vessels can be safely 

allowed on or near it. 

All or portions of the M/V DAVY 

CROCKETT may be removed and 

transported to another location for 

cleaning and scrapping. Due to the 

inherent dangers associated with 

moving large pieces of such a vessel, 

only authorized persons and vessels can 

be safely allowed on or near it. 

Discussion of Rule 

The stationary safety zone created by 

this rule will cover all waters of the 

Columbia River encompassed within the 

following four points: Point one at 

45°34′59.16′′ N/122°28′27.19′′ W, point 

two at 45°34′54.95′′ N/122°28′27.84′′ W, 

point three at 45°34′54.91′′ N/ 

122°28′14.48′′ W, and point four at 

45°34′57.43′′ N/122°26′14.63′′ W. 

Geographically this area encompasses 

all waters of the Columbia River within 

a rectangle starting at approximately 200 

ft up river of the M/V DAVY 

CROCKETT extending to 200 ft toward 

the river channel from the M/V DAVEY 

CROCKETT and then ending 200 ft 

down river the M/V DAVY CROCKETT. 

The moving safety zone created by 

this rule will encompass all waters of 

the Columbia and Willamette Rivers 

within 200 feet in all directions around 

any portion of the M/V DAVY 

CROCKETT. 

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 

determination based on the fact that the 

safety zones created by this rule will not 

significantly affect the maritime public 

because the areas covered are limited in 

size and/or have little commercial or 

recreational activity. In addition, vessels 

may enter the safety zones with the 

permission of the Captain of the Port, 

Columbia River 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 may affect the following 

entities some of which may be small 

entities: the owners and operators of 

vessels intending to operate in the areas 

covered by the safety zones created in 

this rule. The safety zones will not have 

a significant economic impact on a 

substantial number of small entities, 

however, because the areas covered are 

limited in size and/or have little 

commercial or recreational activity. In 

addition, vessels may enter the safety 

zones with the permission of the 

Captain of the Port, Columbia River 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), 

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 


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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18399 

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, eliminates 

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)(g), of the Instruction. This rule 

involves the creation of safety zones. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

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. Revise § 165.T13–175 to read as 

follows: 

§ 165.T13–175 Safety Zones; M/V Davy 

Crockett, Columbia and Willamette Rivers. 

(a) Location: The following areas are 

safety zones: 

(1) All waters of the Columbia River 

encompassed within the following four 

points: point one at 45°34′59.16′′ N/ 

122°28′27.19′′ W, point two at 

45°34′54.95′′ N/122°28′27.84′′ W, point 

three at 45°34′54.91′′ N/122°28′14.48′′ 

W, and point four at 45°34′57.43′′ N/ 

122°26′14.63′′ W. Geographically this 

area encompasses all waters of the 

Columbia River within a rectangle 

starting at approximately 200 ft up river 

of the M/V DAVY CROCKETT 

extending to 200 ft toward the river 

channel from the M/V DAVEY 

CROCKETT and then ending 200 ft 

down river the M/V DAVY CROCKETT. 

The moving safety zone created by 

this rule will encompass all waters of 

the Columbia and Willamette Rivers 

within 200 feet in all directions around 

any portion of the M/V DAVY 

CROCKETT. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zones created in 

this section or bring, cause to be 

brought, or allow to remain in the safety 

zones created in this section any 

vehicle, vessel, or object unless 

authorized by the Captain of the Port, 

Columbia River or his designated 

representative. 

(c) Enforcement Period. The safety 

zones created in this section will be in 

effect from March 11, 2011 through 

April 17, 2011 unless cancelled sooner 

by the Captain of the Port, Columbia 

River. 

Dated: March 14, 2011. 

L.R. Tumbarello, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Columbia River. 

[FR Doc. 2011–7890 Filed 4–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No.: PTO–P–2010–0092] 

RIN 0651–AC52 

Changes To Implement the Prioritized 

Examination Track (Track I) of the 

Enhanced Examination Timing Control 

Procedures 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule. 


sroberts on DSK69SOYB1PROD with RULES