Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Rules and Regulations 21253 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

211 5–1–11 6–1–11 2.50 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 7th day 

of April 2011. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2011–8926 Filed 4–14–11; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0252] 

Drawbridge Operation Regulation; 

Company Canal, Lockport, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the LA 1 

vertical lift span bridge across Company 

Canal, mile 0.4, at Lockport, Lafourche 

Parish, Louisiana. The deviation is 

necessary to perform electrical 

rehabilitation work on the bridge. This 

deviation allows the bridge to remain 

closed to navigation for twelve 

consecutive hours each day from 

Monday through Thursday for three 

weeks. 

DATES: This deviation is effective from 

6 a.m. on Monday, June 27, 2011 

through 6 p.m. on Thursday, July 14, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0252 and are available online by going 

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

USCG–2011–0252 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 David Frank, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

David.M.Frank@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 

Louisiana Department of Transportation 

and Development has requested a 

temporary deviation from the operating 

schedule of the vertical lift span bridge 

across Company Canal at mile 0.4 in 

Lockport, Lafourche Parish, Louisiana. 

The vertical clearance of the bridge is 

5 feet above Mean High Water in the 

closed-to-navigation position and 50 

feet above Mean High Water in the 

open-to-navigation position. 

In accordance with 33 CFR 

117.438(a), the vertical lift span of the 

bridge currently opens on signal except 

that, from 6 p.m. to 10 a.m. the draw 

opens on signal if at least 4 hours notice 

is given. This deviation allows the 

vertical lift span of the bridge to remain 

closed to navigation from 6 a.m. until 

6 p.m. Monday through Thursday from 

Monday, June 27, 2011 through 

Thursday July 14, 2011. 

The closure is necessary in order to 

replace electrical conductors and 

conduit throughout the bridge structure, 

including the removal and replacement 

of all navigation lights on the span and 

fender system. This maintenance is 

essential for the continued operation of 

the bridge. Temporary navigational 

lighting will be provided during the 

closure and power outage period. 

Notices will be published in the Eighth 

Coast Guard District Local Notice to 

Mariners and will be broadcast via the 

Coast Guard Broadcast Notice to 

Mariners System. 

Navigation on the waterway consists 

of commercial and recreational fishing 

vessels, small to medium crew boats, 

and small tugs with and without tows. 

The bridge opens for the passage of 

navigation an average of 16 times per 

month. There are two alternate 

waterway routes available via the Gulf 

Intracoastal Waterway east to Bayou 

Lafourche and west to Navigation Canal. 

Small vessels may pass under the bridge 

while in the closed-to-navigation 

position provided caution is exercised. 

Due to prior experience and 

coordination with waterway users, it 

has been determined that this closure 

will not have a significant effect on 

vessels that use the waterway. 

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: April 5, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–9147 Filed 4–14–11; 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 Zone; M/V DAVY CROCKETT, 

Columbia River 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

extending and expanding the emergency 

safety zone established on the waters of 

the Columbia River surrounding the 

M/V DAVY CROCKETT at 

approximately river mile 117 on January 

28, 2011. The safety zone is 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 

zone unless authorized by the Captain 

of the Port, Columbia River or his 

designated representative. 

DATES: This rule is effective from April 

15, 2011 through May 17, 2011. This 

rule is effective with actual notice for 

purposes of enforcement on March 28, 

2011. This rule will remain in effect 

through May 17, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 


jlentini on DSKJ8SOYB1PROD with RULES
21254 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Rules and Regulations 

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, 

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 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 

to the deleterious state of the vessel only 

authorized persons and/or vessels can 

be safely allowed on or near it. 

A 300 ft safety zone is necessary to 

keep vessels clear of the ongoing 

response operations surrounding the 

M/V DAVY CROCKETT. The previous 

200 ft zone was an inadequate distance 

to mitigate the wake of transiting and 

nearby vessels. 

Discussion of Rule 

The Coast Guard is extending and 

expanding the stationary safety zone 

created by this rule 100 ft past the 

previous 200 ft safety zone. The 

amended safety zone will cover all 

waters of the Columbia River 

encompassed within the following four 

points: point one at 45°34′59.74′′ N/ 

122°28′35.00′′ W on the Washington 

bank of the Columbia River then 

proceeding into the river to point two at 

45°34′51.42′′ N/122°28′35.47′′ W, then 

proceeding upriver to the third point at 

45°34′51.02′′ N/122°28′07.32′′ W, then 

proceeding to the shoreline to the fourth 

point on the Washington Bank at 

45°34′56.06′′ N/122°28′07.36′′ W, then 

back along the shoreline to point one. 

Geographically this encompasses all the 

waters within an area starting at 

approximately 300 ft upriver from the 

M/V DAVY CROCKETT extending to 

300 ft abreast of the M/V DAVY 

CROCKETT and then ending 300 ft 

down river 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 

because the areas covered are limited in 

size. 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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Rules and Regulations 21255 

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, 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. Add § 165.T13–175 to read as 

follows: 

§ 165.T13–175 Safety Zone; M/V DAVY 

CROCKETT, Columbia River. 

(a) Location: The following area is a 

safety zone: 

(1) All waters of the Columbia River 

encompassed within the following four 

points: point one at 45°34′ 59.74′′ N/ 

122°28′35.00′′ W on the Washington 

bank of the Columbia River then 

proceeding into the river to point two at 

45°34′51.42′′ N/122°28′35.47′′ W, then 

proceeding upriver to the third point at 

45°34′51.02′′ N/122°28′07.32′′ W, then 

proceeding to the shoreline to the fourth 

point on the Washington Bank at 

45°34′56.06′′ N/122°28′07.36′′ W, then 

back along the shoreline to point one. 

Geographically this encompasses all the 

waters within an area starting at 

approximately 300 ft upriver from the 

M/V DAVY CROCKETT extending to 

300 ft abreast of the M/V DAVY 

CROCKETT and then ending 300 ft 

down river 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 zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

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 

zone created in this section will be in 

effect from March 28, 2011 through May 

17, 2011 unless cancelled sooner by the 

Captain of the Port, Columbia River. 

Dated: March 28, 2011. 

D.E. Kaup, 

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

Port, Columbia River. 

[FR Doc. 2011–9144 Filed 4–14–11; 8:45 am] 

BILLING CODE 9110–04–P 


jlentini on DSKJ8SOYB1PROD with RULES