Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71543 

made immediately effective by Emergency 

AD 2010–19–51, issued August 31, 2010, 

which contained the requirements of this 

amendment. 

Note 3: The subject of this AD is addressed 

in Transport Canada AD No. CF–2010–29, 

dated August 26, 2010. 

Issued in Fort Worth, Texas, on November 

9, 2010. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–29199 Filed 11–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0999] 

RIN 1625–AA00 

Safety Zone; Gulf Intracoastal 

Waterway, Mile Marker 49.0 to 50.0, 

west of Harvey Locks, Bank to Bank, 

Bayou Blue Pontoon Bridge, Lafourche 

Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Gulf Intracoastal Waterway 

extending from Mile Marker 49.0 to 

Mile Marker 50.0, bank to bank, West of 

Harvey Locks, Lafourche Parish, LA. 

This Safety Zone is needed to protect 

the general public, vessels, and tows 

from destruction, loss, or injury due to 

repairs of the Bayou Blue Pontoon 

Bridge and associated hazards. 

DATES: This rule is effective in the CFR 

on November 24, 2010 through February 

28, 2011. This rule is effective with 

actual notice for purposes of 

enforcement on October 28, 2010. This 

rule will remain in effect until February 

28, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0999 and are available online by going 

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

USCG–2010–0999 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 Lieutenant Junior 

Grade (LTJG) Barron Lacy, Coast Guard; 

telephone 985–857–8507 ext. 232, 

e-mail Barron.K.Lacy@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 

publishing a NPRM would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from hazards associated 

with the repairs of the Bayou Blue 

Pontoon Bridge, Mile Marker 49.8, Gulf 

Intracoastal Waterway, West of Harvey 

Locks. 

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. Publishing a NPRM and 

delaying its effective date would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from hazards associated 

with the repairs of the Bayou Blue 

Pontoon Bridge, Mile Marker 49.8, Gulf 

Intracoastal Waterway, West of Harvey 

Locks. 

Background and Purpose 

The Bayou Blue Pontoon Bridge on 

State Route 316 across the Gulf 

Intracoastal Waterway, Mile 49.8 West 

of Harvey Lock, near Bourg, Louisiana 

has been severely damaged as the result 

of a vessel allision. The pontoon barge 

has been secured along the north side of 

the waterway and protrudes 

approximately 30 feet into the 

navigational channel. Most of the fender 

system has been destroyed or has been 

seriously damaged. As a result, the 

bridge must be repaired, and the Coast 

Guard is establishing a safety zone to 

ensure the safety of persons and vessels 

due to the hazards during this time. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary Safety Zone in the Gulf 

Intracoastal Waterway from Mile Marker 

49.0 to 50.0, bank to bank, West of 

Harvey locks. The temporary Safety 

Zone will continue from November 1, 

2010 through February 28, 2011. Vessels 

and tows may not enter this zone unless 

authorized by the Captain of the Port 

Morgan City. 

In order to facilitate repairs, the 

following waterway closure schedule 

will be implemented Mondays through 

Fridays beginning November 1, 2010 

and continuing through the end of 

February, 2011, at the following times: 

6 a.m. to 10:30 a.m.—Complete 

closure with the exception of small tows 

less than 40 feet wide and small boats. 

10:30 a.m. to 1:30 p.m.—Open to all 

tows with eastbound traffic allowed to 

transit first, followed by westbound 

traffic. 

1:30 p.m. to 6 p.m.—Complete closure 

with the exception of small tows less 

than 40 feet and small boats. Outside of 

the above closure times and on 

weekends, mariners will be able to 

transit through the work zone 

unrestricted. Additionally, no waterway 

restrictions will occur during the 

following holidays: Thanksgiving 

holidays (November 25 through 28, 

2010); Christmas Holidays (December 24 

through 26, 2010) and New Year’s 

Holidays (December 31, 2010 through 

January 2, 2011). Diving operations will 

be conducted throughout the repair 

operation. All mariners are to contact 

the bridge on VHF–FM Channel 13 or at 

telephone 985–857–3666 in advance of 

arriving at the bridge for clearance and 

passing instructions. Mariners may also 

contact the attendant tug, M/V MISS 

DIXIE on VHF–FM Channel 13. Once 

cleared for passage, mariners should 

exercise extreme caution and transiting 

through the bridge at slowest safe speed. 

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. 


jlentini on DSKJ8SOYB1PROD with RULES
71544 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

This rule will only be in effect for a 

short period of time and notifications to 

the marine community will be made 

through broadcast notice to mariners 

and Local Notice to Mariners. The 

impacts on routine navigation are 

expected to be minimal. 

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 through the 

Safety Zone from 01 NOV, 2010 through 

28 FEB, 2011. This Safety Zone will not 

have a significant economic impact on 

a substantial number of small entities 

because this rule will be in effect for 

only a short period of time. 

If you are a small business entity and 

are significantly affected by this 

regulation, please contact LTJG Barron 

Lacy, Marine Safety Unit Houma, at 

985–857–8507 ext. 232. 

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. 

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 an emergency situation and 

will be in effect for over one week, but 

is not expected to result in any 

significant adverse environmental 

impact as described in NEPA. 

An environmental analysis checklist 

and a categorical exclusion 


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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71545 

determination will be provided and 

made available at the docket as 

indicated in the ADDRESSES section. 

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(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. Add § 165.T08–0999 to read as 

follows: 

§ 165.T08–0999 Safety Zone; Gulf 

Intracoastal Waterway, Mile Marker 49.0 to 

Mile Marker 50.0, West of Harvey Locks, 

bank to bank, Lafourche Parish, LA. 

(a) Enforcement areas. Gulf 

Intracoastal Waterway, Mile Marker 49.0 

to Mile Marker 50.0, West of Harvey 

Locks, bank to bank, Lafourche Parish, 

LA. 

(b) Enforcement times. This safety 

zone will be enforced at the following 

times: 

(1) 6 a.m. to 10:30 a.m.—Complete 

closure with the exception of small tows 

less than 40 feet wide and small boats. 

(2) 10:30 a.m. to 1:30 p.m.—Open to 

all tows with eastbound traffic allowed 

to transit first, followed by westbound 

traffic. 

(3) 1:30 p.m. to 6 p.m.—Complete 

closure with the exception of small tows 

less than 40 feet and small boats. 

(4) Outside of the above closure times 

and on weekends, mariners will be able 

to transit through the work zone 

unrestricted. Additionally, no waterway 

restrictions will occur during the 

following holidays: Thanksgiving 

holidays (November 25 through 28, 

2010); Christmas Holidays (December 24 

through 26, 2010) and New Year’s 

Holidays (December 31, 2010 through 

January 2, 2011). 

(b) Effective date. This rule is effective 

from October 28, 2010, through 

February 28, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Morgan City. 

(2) Vessels requiring entry into or 

passage through the Safety Zone must 

request permission from the Captain of 

the Port Morgan City, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (985) 857–8507. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Morgan City and 

designated on-scene patrol personnel. 

On-scene patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: October 28, 2010. 

J.C. Burton, 

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

Port Morgan City, Louisiana. 

[FR Doc. 2010–29670 Filed 11–23–10; 8:45 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Parts 1253, 1254, and 1280 

[NARA–10–0004] 

RIN 3095–AB68 

Changes to NARA Facilities’ Hours of 

Operation 

AGENCY: National Archives and Records 

Administration. 

ACTION: Final rule. 

SUMMARY: The National Archives and 

Records Administration (NARA) is 

changing its regulations that provide 

NARA facilities’ hours of operation. 

NARA facilities’ hours of operation will 

no longer be listed in the Code of 

Federal Regulations (CFR). Further, 

NARA offices must follow specific 

procedures when changing facilities’ 

hours of operation. These procedures 

provide the public with advance notice 

of any proposed changes in hours and 

will include justification for the change 

in writing. Note that there are no 

proposed changes to hours of operation 

at any NARA facility at this time. 

DATES: This rule is effective December 

27, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stuart Culy on (301) 837–0970 or Laura 

McCarthy on (301) 837–3023. 

SUPPLEMENTARY INFORMATION: On 

September 8, 2010, NARA published a 

proposed rule in the Federal Register 

(75 FR 54543) for a 60-day public 

comment period. This proposed rule 

changed NARA’s regulations for 

providing NARA facilities’ hours of 

operation and established procedures 

which NARA offices must follow when 

changing facilities’ hours of operation. 

The public comment period closed on 

November 8, 2010. NARA received no 

comments. 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, I certify that 

this rule will not have a significant 

impact on a substantial number of small 

entities because it affects Federal 

agencies and individual researchers. 

This regulation does not have any 

federalism implications. 

List of Subjects in 36 CFR Parts 1253, 

1254 and 1280 

Archives and records, Buildings and 

facilities. 

■ For the reasons set forth in the 

preamble, NARA amends 36 CFR parts 

1253, 1254 and 1280 to read as follows: 

■ 1. Revise part 1253 to read as follows: 

PART 1253—LOCATION OF NARA 

FACILITIES AND HOURS OF USE 

Sec. 

1253.1 National Archives Building. 

1253.2 National Archives at College Park. 

1253.3 Presidential Libraries. 

1253.4 Washington National Records 

Center. 

1253.5 National Personnel Records Center. 

1253.6 Records Centers. 

1253.7 Regional Archives. 

1253.8 Federal Register. 

1253.9 Federal Holidays. 

1253.10 Notification Process for Changes in 

Hours. 

Authority: 44 U.S.C. 2104(a). 

§ 1253.1 National Archives Building. 

The National Archives Building is 

located at 700 Pennsylvania Avenue, 

NW., Washington, DC 20408. Hours for 

the Research Center and the Central 

Research Room are posted at http:// 

www.archives.gov. The exhibit areas’ 

hours of operation are also posted at 

http://www.archives.gov. Last admission 

to the exhibit areas of the building will 

be no later than 30 minutes before the 

stated closing hour. The phone number 

for the National Archives Building is 

202–357–5000. 

§ 1253.2 National Archives at College Park. 

The National Archives at College Park 

is located at 8601 Adelphi Road, College 

Park, MD 20740–6001. Hours for the 

Research Center are posted at http:// 

www.archives.gov. The phone number 

for the Research Center is 800–234– 

8861. 

§ 1253.3 Presidential Libraries. 

Hours for the Presidential libraries’ 

research rooms are posted at http:// 

www.archives.gov. The Presidential 

library museums are open every day 

except Thanksgiving, December 25, and 

January 1 (with the exception of the 


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