Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 2827 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2011–0003] 

RIN 1625–AA11 

Regulated Navigation Area; Reporting 

Requirements for Barges Loaded With 

Certain Dangerous Cargoes, Illinois 

Waterway System Located Within the 

Ninth Coast Guard District; Stay 

(Suspension) 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Commander, Ninth Coast 

Guard District is temporarily staying 

(suspending) reporting requirements 

under the Regulated Navigation Area 

(RNA) established by 33 CFR 165.921 

for barges loaded with certain dangerous 

cargoes (CDC barges) in that portion of 

the Illinois Waterway System located in 

the Ninth Coast Guard District. During 

this suspension, the Coast Guard will 

analyze future reporting needs and 

evaluate possible changes in CDC 

reporting requirements. A final rule will 

either lift the suspension and restore the 

obligation of the affected public to 

comply with the existing reporting 

requirements, modify those 

requirements, or repeal the RNA. This 

suspension of the CDC reporting 

requirements in no way relieves towing 

vessel operators and fleeting area 

managers responsible for CDC barges in 

the RNA from their dangerous cargo or 

vessel arrival and movement reporting 

obligations currently in effect under 

other regulations or placed into effect 

under appropriate Coast Guard 

authority. 

DATES: Effective midnight January 15, 

2011, 33 CFR 165.921(d)–(h) are stayed 

until midnight January 15, 2013. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0003 and are available online by going 

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

USCG–2011–0003 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 about this temporary 

rule, call or e-mail LCDR Ted Fowles, 

Coast Guard; telephone 216–902–6010, 

e-mail: Ted.R.Fowles@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)(3)(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 impracticable, unnecessary, 

and contrary to the public interest. The 

contract for the current CDC barge 

reporting system at the Inland River 

Vessel Movement Center (IRVMC) was 

extended to January 2011. In late 

December 2010 it was determined that 

the IRVMC reporting requirements 

would be suspended for a two-year 

period beginning at midnight January 

15, 2011. As of January 16, 2011, the 

Coast Guard will have no way to receive 

and process reports. The short time span 

between late December and January 15 

makes it impracticable to issue a notice 

of proposed rulemaking (NPRM) about 

suspension of the reporting 

requirements of 33 CFR 165.921 or to 

take public comments on the same. We 

believe prior notice and comment is 

unnecessary because we expect the 

affected public will have no objection to 

the temporary suspension of regulatory 

requirements. Prior notice and comment 

is also contrary to the public interest 

because there is no public purpose 

served by continuing to require reports 

when there is no mechanism for 

receiving or processing those reports. 

Under 5 U.S.C. 553(d)(1), a 

substantive rule that relieves a 

restriction may be made effective less 

than 30 days after publication. This 

temporary final rule, suspending the 

reporting requirements and thereby 

relieving the regulatory restriction on 

towing vessel operators and fleeting area 

managers provided by 33 CFR 165.921, 

takes effect at midnight on January 15, 

2011, less than 30 days after 

publication. 

Background and Purpose 

The legal basis for this rulemaking is 

the Coast Guard’s authority to establish 

regulated navigation areas, under 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; 

Public Law 107–295, 116 Stat. 2064; and 

Department of Homeland Security 

Delegation No. 0170.1. An RNA is a 

water area within a defined boundary 

for which regulations for vessels 

navigating within the area have been 

established, to control vessel traffic in a 

place determined to have hazardous 

conditions. 33 CFR 165.10; 

Commandant Instruction Manual 

M16704.3A, 1–6. 

The purpose of this temporary final 

rule is to suspend the reporting 

requirements for CDC barges imposed 

by the RNA created in 33 CFR 165.921. 

This temporary rule relieves the towing 

vessel operators and fleeting area 

managers responsible for CDC barges 

from the reporting requirements for a 

two-year period. 

Discussion of Rule 

During the suspension of reporting 

requirements, towing vessel operators 

and fleeting area managers responsible 

for CDC barges will be relieved of their 

obligation to report their CDCs under 33 

CFR 165.921(d)–(h). This suspension in 

no way relieves towing vessel operators 

and fleeting area managers responsible 

for CDC barges from their dangerous 

cargo or vessel arrival and movement 

reporting obligations currently in effect 

under other regulations or placed into 

effect under appropriate Coast Guard 

authority. 

Regulatory Analyses 

We developed this temporary final 

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. This rule is temporary and 

limited in nature by suspending CDC 

barge reporting requirements during a 

two-year period, creating no undue 

delay to vessel traffic in the regulated 

area. 

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2828 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 

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 which may be small 

entities: owners or operators of CDC 

barges intending to transit that portion 

of the Illinois Waterway System located 

in the Ninth Coast Guard District during 

this two-year period. This rule will not 

have a significant economic impact on 

those entities or a substantial number of 

any small entities for the following 

reason. This rule suspends reporting 

requirements for two years. 

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 

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 a two-year suspension of the 

reporting requirements in an RNA for 

CDC barges. 

This temporary rule suspends the 

reporting requirements established for 

CDC barges transiting that portion of the 

Illinois Waterway System located in the 

Ninth Coast Guard District. Under figure 

2–1, paragraph (34)(g), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 2829 

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; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 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. Amend 33 CFR 165.921 by staying 

paragraphs (d)–(h) from midnight 

January 15, 2011 to midnight January 

15, 2013. 

Dated: January 7, 2011. 

Michael N. Parks, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2011–852 Filed 1–14–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1138] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Enforcement of 

Regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 daily from 7 a.m. through 

11 a.m. and from 1 p.m. to 5 p.m. on 

January 18–22, 2011; January 24–26, 

2011; January 31, 2011; February 1–5, 

2011; February 7–12, 2011; and on 

February 14–19, 2011. This enforcement 

action will also occur from 7 a.m. on 

January 27, 2011 through 7 a.m. on 

January 29, 2011. This action is 

necessary to protect the waterways, 

waterway users, and vessels from 

hazards associated with the U.S. Army 

Corps of Engineers’ operational and 

safety testing of the dispersal barrier IIB, 

which helps control the spread of 

aquatic nuisance species that have the 

potential of devastating the waters of the 

Great Lakes. 

During the enforcement period, entry 

into, transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.T09.0166 will be enforced from 

7 a.m. on January 18, 2011 through 

5 p.m. on February 19, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, email address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR § 165.T09–0166, on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 daily from 7 a.m. to 

11 a.m. and from 1 p.m. to 5 p.m. on 

January 18–22, 2011; January 24–26, 

2011; January 31, 2011; February 1–5, 

2011; February 7–12, 2011; and on 

February 14–19, 2011. This enforcement 

action will also occur from 7 a.m. on 

January 27, 2011 until 7 a.m. on January 

29, 2011. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ dispersal 

barrier IIB operational testing poses 

risks to life and property. The 

combination of vessel traffic and electric 

current in the water makes the 

controlling of vessels through the 

impacted portion of the Chicago 

Sanitary and Ship Canal necessary to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will also 

provide notice through other means, 

which may include, but are not limited 

to, Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: December 29, 2010. 

S.R. Schenk, 

Commander, U.S. Coast Guard, Captain of 

the Port, Sector Lake Michigan, Acting. 

[FR Doc. 2011–851 Filed 1–14–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0881; FRL–9251–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Adoption of 8-hour Ozone Standard 

and Related Reference Conditions, and 

Update of Appendices 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The revision 

adds the 2008 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

of 0.075 parts per million (ppm) and 

related reference conditions and 

updates the list of appendices under 

‘‘Documents Incorporated by Reference.’’ 

Virginia’s SIP revision for the NAAQS 

for ozone is consistent with the 8-hour 

Federal standard. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on March 

21, 2011 without further notice, unless 

EPA receives adverse written comment 

by February 17, 2011. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0881 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0881, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

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