81854 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

the Bureau’s Inmate Discipline Program 

and Special Housing Units (SHU) 

regulations. The Bureau issues this 

correction document in order to correct 

typographical and numbering errors. No 

substantive changes are being made to 

the final rule document. 

DATES: This rule is effective on March 1, 

2011. 

ADDRESSES: Rules Unit, Office of 

General Counsel, Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: The 

Bureau corrects its Inmate Discipline 

and Special Housing Units (SHU) 

regulations (28 CFR part 541, subpart A 

and subpart B), as published in the 

Federal Register of December 8, 2010 

(75 FR 76263), FR Doc. 2010–30525, as 

follows: 

1. On page 76266, in the second 

column, second full paragraph 

beginning ‘‘Code 331’’, the reference to 

‘‘§ 541.03’’ is corrected to read ‘‘§ 541.3’’. 

§ 541.3 [Corrected] 

2. On page 76267, the title of Table 1, 

‘‘Table 1—Prohibited Acts and Available 

Sanctions Greatest Severity Level 

Prohibited Acts’’ is corrected to read 

‘‘Table 1—Prohibited Acts and Available 

Sanctions’’. 

3. On page 76267, in Table 1, between 

the line after the title of Table 1 and 

before the line beginning with ‘‘100’’, 

insert a new line with a subheading to 

read as follows: ‘‘Greatest Severity Level 

Prohibited Acts’’. 

§ 541.7 [Corrected] 

4. On page 76272, in the first column, 

in § 541.7(a)(4), ‘‘§ 541.04’’ is corrected 

to read ‘‘§ 541.4’’. 

5. On page 76272, in the first column, 

in § 541(g), ‘‘§ 541.08’’ is corrected to 

read ‘‘§ 541.8’’. 

§ 541.23 [Corrected] 

12. On page 76273, in the third 

column, in § 541.23(c)(3), ‘‘You 

requested, or staff determined you need, 

administrative detention status for your 

own protection.’’ Is corrected to read 

‘‘You requested, or staff determined you 

need, administrative detention status for 

your own protection; or’’. 

Harley G. Lappin, 

Director, Federal Bureau of Prisons. 

[FR Doc. 2010–32706 Filed 12–28–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1108] 

RIN 1625–AA00 

Safety Zone; New Year’s Celebration 

for the City of San Francisco, 

Fireworks Display, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

support of the New Year’s Eve 

Celebration for the City of San Francisco 

Fireworks Display. The temporary safety 

zone will extend 100 feet from the 

nearest point of the barge during the 

loading, transit, and arrival of the 

pyrotechnics, and will extend 1,000 feet 

from the nearest point of the barge 

during the fireworks display. This safety 

zone is established to ensure the safety 

of participants and spectators from the 

dangers associated with the 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port or her designated 

representative. 

DATES: This rule is effective from 11 

a.m. on December 31, 2010 until 12:30 

a.m. on January 1, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1108 and are available online by going 

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

USCG–2010–1108 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 Lieutenant Junior Grade 

Allison Natcher at 415–399–7442, or email D11-PF-MarineEvents@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, as it would be 

impracticable to do so because the event 

would occur before the rulemaking 

process would be completed. Because of 

the dangers posed by the pyrotechnics 

used in these fireworks displays, the 

safety zones are necessary to provide for 

the safety of event participants, 

spectators, spectator craft, and other 

vessels transiting the event area. For the 

safety concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. 

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. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the pyrotechnics 

used in the fireworks display. 

Background and Purpose 

The City of San Francisco will 

sponsor the New Year’s Eve Celebration 

for the City of San Francisco Fireworks 

Display from 11:45 p.m. on December 

31, 2010 until 12:30 a.m. on January 1, 

2011, on the navigable waters of San 

Francisco Bay located 1,000 feet from 

the San Francisco Ferry Building in San 

Francisco, CA. The fireworks display is 

for entertainment purposes. From 11 

a.m. until 11 p.m. on December 31, 

2010, pyrotechnics will be loaded onto 

a barge at Pier 50 near position 

37°46′29.5′′ N, 122°22′57.4′′ W. From 11 

p.m. until 11:20 p.m. the loaded barge 

will be transiting from Pier 50 to the 

launch site located at position 

37°47′42.60′′ N, 122°23′19.10′′ W. The 

Coast Guard has granted the event 

sponsor a marine event permit for the 

fireworks displays. We believe that a 

safety zone is necessary to protect 

spectators, vessels, and other property 

from the hazards associated with 

pyrotechnics on the fireworks barges. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone to keep spectators and 

vessels a safe distance away from the 

fireworks barges to ensure the safety of 

participants, spectators, and transiting 

vessels during the fireworks display. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81855 

The temporary safety zone will extend 

100 feet from the nearest point of the 

barge during the loading, transit, and 

arrival of the pyrotechnics from Pier 50 

to position 37°47′42.60′′ N, 

122°23′19.10′′ W. The fireworks display 

will occur from 11:45 p.m. on December 

31, 2010 until 12:30 a.m. on January 1, 

2011, during which the safety zone will 

extend 1,000 feet from the nearest point 

of the barge at position 37°47′42.60′′ N, 

122°23′19.10′′ W. At 12:30 a.m. on 

January 1, 2011 the safety zone will 

terminate. 

The effect of the temporary safety 

zones will be to restrict navigation in 

the vicinity of the fireworks sites while 

the fireworks are set up, and until the 

conclusion of the scheduled displays. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zones, the effect of this rule will not be 

significant. The entities most likely to 

be affected are pleasure craft engaged in 

recreational activities. In addition, the 

rule will only restrict access for a 

limited time. Finally, the Public 

Broadcast Notice to Mariners will notify 

the users of local waterway to ensure 

that the safety zone will result in 

minimum impact. 

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. 

Although this rule may affect owners 

and operators of pleasure craft engaged 

in recreational activities and 

sightseeing, it will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) This rule will encompass 

only a small portion of the waterway for 

a limited period of time; (ii) vessel 

traffic can pass safely around the area; 

(iii) vessels engaged in recreational 

activities and sightseeing have ample 

space outside of the affected areas of 

San Francisco, CA to engage in these 

activities; and (iv) the maritime public 

will be advised in advance of this safety 

zone via 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. 

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 


srobinson on DSKHWCL6B1PROD with RULES
81856 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

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 0023.1 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 establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones. 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, and 

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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–385 to 

read as follows: 

§ 165.T11–385 Safety Zone; New Year’s 

Celebration for the City of San Francisco 

Fireworks Display, San Francisco, CA. 

(a) Location. 

(1) During the loading of the 

fireworks, on December 31, 2010 at 11 

a.m. at Pier 50 in San Francisco, CA, 

and until the start of the fireworks 

displays at 11:45 p.m. on December 31, 

2010 the temporary safety zone will 

extend 100 feet from the loaded 

pyrotechnics barge beginning near 

position 37°46′29.5′′ N, 122°22′57.4′′ W, 

during transit and arrival to position 

37°47′42.60′′ N, 122°23′19.10′′ W. 

(2) From 11:45 p.m. on December 31, 

2010 until 12:30 a.m. on January 1, 

2011, the temporary safety zone will 

increase in size to 1,000 feet at position 

37°47′42.60′′ N, 122°23′19.10′′ W. At 

12:30 a.m. on January 1, 2011, this 

safety zone will terminate. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 

(1) Under the general regulations in 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zones on VHF–16 or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from 11 a.m. on 

December 31, 2010 until 12:30 a.m. on 

January 1, 2011. 

Dated: December 16, 2010. 

C.L. Stowe, 

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

Port San Francisco. 

[FR Doc. 2010–32802 Filed 12–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1087] 

RIN 1625–AA87 

Security Zone, Michoud Slip Position 

30≥0′34.2′′ N, 89≥55′40.7′′ W to Position 

30≥0′29.5′′ N, 89≥55′52.6′′ W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Captain of the Port of 

New Orleans, under the authority of the 

Magnuson Act, 33 CFR sections 165.30 

and 165.33, has established a security 

zone for the Michoud Slip 

encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W to 

position 30°0′29.5′′ N, 89°55′52.6′′ W 

across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

DATES: This rule is effective from 

January 1, 2011, through December 31, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1087 and are available online by going 

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

USCG–2010–1087 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 

Commander (LCDR) Eva VanCamp, 

Sector New Orleans, Coast Guard; 

telephone 504–365–2392, e-mail 

Eva.VanCamp@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 


srobinson on DSKHWCL6B1PROD with RULES