20532 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

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 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. 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.T09–0132 to read as 

follows: 

§ 165.T09–0132 Safety zone; Boom Days 

Fireworks, Buffalo Outer Harbor, Buffalo, 

NY. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

the Niagara River, Niagara Falls, NY, 

within a 370 foot radius from position 

42°50′57.70′′ N, 78°51′46.52′′ W, 

42°50′56.25′′ N, 78°51′47.61′′ W (NAD 

83). 

(b) Effective period. This regulation 

will be effective and the safety zone 

enforced from 8 p.m. through 9:30 p.m. 

on April 16, 2011. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port Buffalo to act on his 

behalf. The on-scene representative of 

the Captain of the Port Buffalo will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or on-scene representative 

may be contacted via VHF Channel 16. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port Buffalo 

or on-scene representative. 

Dated: March 28, 2011. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. 2011–8882 Filed 4–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0131 

RIN 1625–AA00 

Safety Zone; Boom Days, Niagara 

River, Niagara Falls, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Niagara River, Niagara Falls, NY for 

the Boom Days Fireworks. This zone is 

intended to restrict vessels from La Salle 

Marina and a portion of the Niagara 

River, Niagara Falls, NY during the 

Boom Days Fireworks on April 16, 2011. 

This temporary safety zone is necessary 

to protect spectators and vessels from 

the hazards associated with a firework 

display. 

DATES: This rule is effective on April 16, 

2011 from 8 p.m. through 9:30 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

0131 and are available online by going 

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

USCG–2011–0131 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 MST3 Rory Boyle, 

Marine Events Coordinator, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9343, e-mail rory.c.boyle@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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20533 

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 

awaiting a comment period to run 

would be impractical and contrary to 

the public interest in that it would 

prevent the Captain of the Port Buffalo 

from performing the function of keeping 

the boating public safe from the hazards 

associated with a maritime fireworks 

display. 

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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment. Therefore, awaiting a 

30 day effective period to run is 

impracticable and contrary to the public 

interest in that it would prevent the 

Captain of the Port Buffalo from 

protecting persons and vessels involved 

in and observing the event. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. The Captain of 

the Port Buffalo has determined that 

fireworks launched proximate to 

watercraft pose a significant risk to 

public safety and property. Boom Days 

is an event established to celebrate the 

removal of the ice boom in Lake Erie 

and the beginning of spring. 

Establishing a safety zone to control 

vessel movement around the location of 

the launch platform will help ensure the 

safety of persons and property at these 

events and help minimize the associated 

risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of a fireworks display in 

conjunction with the Boom Days 

Fireworks. The fireworks display will 

occur on April 16, 2011 from 8:30 p.m. 

through 9 p.m. The safety zone will 

encompass all waters of La Salle Marina 

and part of the Niagara River, Niagara 

Falls, NY within a 210 foot radius from 

position 43°4′24.02′′ N, 78°59′9.18′′ W 

(NAD 83). 

All persons and vessels must comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo or on-scene representative. The 

Captain of the Port Buffalo or on-scene 

representative may be contacted via 

VHF Channel 16. 

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 determined that this 

rule is not a significant regulatory action 

because of the minimal time that the 

area will be restricted. Vessels may still 

transit with the permission of the 

Captain of the Port Buffalo or designated 

on-scene representative. The Coast 

Guard expects this area will have an 

insignificant adverse impact to mariners 

from the zones activation. 

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 

a portion of the Niagara River, Niagara 

Falls, NY on April 16, 2011 from 8 p.m. 

until 9:30 p.m. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because of the minimal amount of time 

in which the safety zone will be 

enforced. This safety zone will only be 

enforced for 90 minutes in a low vessel 

traffic area. Vessel traffic can pass safely 

around the zone. Before the effective 

period, we will issue maritime 

advisories, which include a Broadcast 

Notice to Mariners. 

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. 


emcdonald on DSK2BSOYB1PROD with RULES
20534 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

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 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. 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.T09–0131 to read as 

follows: 

§ 165.T09–0131 Safety zone; Boom Days 

Fireworks, Niagara River, Niagara Falls, NY. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

the Niagara River, Niagara Falls, NY, 

within a 210 foot radius from position 

43°4′24.02′′ N 78°59′9.18′′ W (NAD 83). 

(b) Effective period. This regulation 

will be effective and the safety zone 

enforced from 8:00 p.m. until 9:30 p.m. 

on April 16, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo, or on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port to act on his 

behalf. The on-scene representative of 

the Captain of the Port Buffalo will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or on-scene representative 

may be contacted via VHF Channel 16. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port Buffalo 

or on-scene representative. 

Dated: March 28, 2011. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. 2011–8884 Filed 4–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 600, 602, 603, 668, 682, 

685, 686, 690, and 691 

[Docket ID ED–2010–OPE–0004] 

RIN 1840–AD02 

Program Integrity Issues 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Final regulations; correction. 

SUMMARY: On October 29, 2010, the 

Department of Education published in 

the Federal Register (75 FR 66832) final 

regulations for improving integrity in 

the programs authorized under title IV 

of the Higher Education Act of 1965, as 

amended (HEA), by amending the 

regulations for Institutional Eligibility 

Under the HEA, the Secretary’s 

Recognition of Accrediting Agencies, 

the Secretary’s Recognition Procedures 

for State Agencies, the Student 

Assistance General Provisions, the 

Federal Family Education Loan (FFEL) 

Program, the William D. Ford Federal 


emcdonald on DSK2BSOYB1PROD with RULES