Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 69371 

Signed at Washington, DC, on November 8, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–28544 Filed 11–10–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0995] 

RIN 1625–AA00 

Safety Zone; Beaufort River/Atlantic 

Intracoastal Waterway, Beaufort, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

Beaufort River portion of the Atlantic 

Intracoastal Waterway, South Carolina 

during the construction and expansion 

of the J.E. McTeer Bridge, also referred 

to as the S.C. 802 Bridge. This 

regulation is necessary to protect life 

and property on the navigable waters of 

the Beaufort River during the 

construction and expansion of the J.E. 

McTeer Bridge. Persons and vessels will 

be prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Charleston or 

a designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 13, 2010. The Coast 

Guard anticipates that this proposed 

rule will be effective from January 24, 

2011 through January 28, 2011 and 

enforced daily from 9 a.m. until 12 p.m. 

and 2 p.m. until 5 p.m. on January 24, 

2011 through January 28, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0995 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant Julie 

Blanchfield, Coast Guard; telephone 

843–740–3184, e-mail 

Julie.E.Blanchfield@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0995), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0995’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2; by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0995’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The construction and expansion of 

the J.E. McTeer Bridge will create safety 

hazards within the main channel of the 

Beaufort River in the vicinity of the J.E. 

McTeer Bridge due to the presence of 

construction equipment and the nature 

of the construction project. The 

described portion of the Atlantic 

Intracoastal Waterway/Beaufort River 

will be affected daily from 9 a.m. until 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
69372 Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 

12 p.m. and 2 p.m. until 5 p.m. on 

January 24, 2011 through January 28, 

2011. The safety zone is necessary to 

protect the public from the hazards 

associated with the construction of the 

J.E. McTeer Bridge and related 

activities. 

Discussion of Proposed Rule 

The proposed rule would designate a 

temporary safety zone on the Beaufort 

River in the vicinity of the J.E. McTeer 

Bridge in Beaufort, South Carolina, 

which connects Lady’s Island to Port 

Royal Island. The temporary safety zone 

will be enforced daily from 9 a.m. until 

12 p.m. and 2 p.m. until 5 p.m. on 

January 24, 2011 through January 28, 

2011. Persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. Persons and vessels may 

request permission to enter, transit 

through, anchor in, or remain within the 

safety zone by contacting a designated 

representative on VHF–FM Channel 16 

or via telephone at 843–740–7050. 

Regulatory Analyses 

We developed this proposed 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 proposed 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 proposed rule to be so minimal that 

a full regulatory evaluation is 

unnecessary. This proposed rule may 

have some impact on the public, but 

these potential impacts will be minimal 

for the following reasons: (1) Persons 

and vessels will be prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

for a total of six hours each day for five 

consecutive days; (2) although persons 

and vessels will not be able to enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they will be able to 

operate in the surrounding area during 

the effective period; (3) vessels may still 

enter, transit through, anchor in, or 

remain within the safety zone if 

authorized by the Captain of the Port 

Charleston or a designated 

representative; and (4) advance 

notification will be made to the local 

maritime community via broadcast 

notice to mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would 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: (1) The owners or 

operators of vessels intending to enter, 

transit through, anchor in, or remain 

within that portion of the Beaufort River 

encompassed within the safety zone; 

and (2) the owner and operator of the 

Lady’s Island Marina, which is located 

adjacent to the J.E. McTeer Bridge. 

This safety zone will not have 

significant economic impact on a 

substantial number of small entities for 

the following reasons: (1) Persons and 

vessels will be prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone for a 

total of six hours each day for five 

consecutive days; (2) although persons 

and vessels will not be able to enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they will be able to 

operate in the surrounding area during 

the effective period; (3) vessels may still 

enter, transit through, anchor in, or 

remain within the safety zone if 

authorized by the Captain of the Port 

Charleston or a designated 

representative; and (4) advance 

notification will be made to the local 

maritime community via broadcast 

notice to mariners and marine safety 

information bulletins. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Julie Blanchfield at 843–740–3184. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this proposed rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 69373 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a temporary safety 

zone on the Beaufort River in Beaufort, 

South Carolina, which is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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 proposes to 

amend 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 a temporary § 165.T07–0995 to 

read as follows: 

§ 165.T07–0995 Safety Zone; Beaufort 

River/Atlantic Intracoastal Waterway, 

Beaufort, SC. 

(a) Regulated Area. The following 

regulated area is a safety zone: All 

waters of the Beaufort River in Beaufort, 

South Carolina encompassed within an 

imaginary line connecting the following 

points: starting at Point 1 in position 

32°23′ 44.92′′ N, 80°40′31.43′′ W; thence 

south to Point 2 in position 32°23′30.92′′ 

N, 80°40′30.75′′ W; thence east to Point 

3 in position 32°23′30.15′′ N, 

80°40′12.93′′ W; thence north to Point 4 

in position 32°23′44.22′′ N, 80°40′18.68′′ 

W; thence west to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) 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 

Charleston 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 

Charleston by telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16 to seek 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such permission 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

advanced notice via broadcast notice to 

mariners and by on-scene designated 

representatives. 

(d) Effective Date. The rule is effective 

daily from 9 a.m. until 12 p.m. and 

2 p.m. until 5 p.m. on January 24, 2011 

through January 28, 2011. 

Dated: November 4, 2010. 

Michael F. White, Jr., 

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

Port Charleston. 

[FR Doc. 2010–28680 Filed 11–9–10; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2010–0683; FRL–9225–1] 

Source Specific Federal 

Implementation Plan for Implementing 

Best Available Retrofit Technology for 

Four Corners Power Plant: Navajo 

Nation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of public hearings. 

SUMMARY: On October 6, 2010, the 

Environmental Protection Agency (EPA) 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1