45120 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 944 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: July 10, 2009. 

James F. Fulton, 

Acting Regional Director, Western Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 944 is amended 

as set forth below: 

PART 944—UTAH 

■ 1. The authority citation for part 944 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 944.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 944.15 Approval of Utah regulatory 

program amendments 

* * * * * 

Original amendment 

submission date Date of final publication Citation/description 

* * * * * * * 

May 28, 2008 ....................... September 1, 2009 ............ Utah Admin. R.645–100–200 definition of intermittent stream; 645–301–131.300; 

645–301–535.210; 645–301–535.223; 645–301–551; 645–301–631; 645–301– 

631.200; 645–301–731.610, 645–301–742.320; 645–301–742.321; 645–301– 

742.323, 645–301–742.324, 645–301–742.331, 645–301–742.412; 645–301– 

765. 

[FR Doc. E9–21053 Filed 8–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0561] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

USACE Revetment, Mile Marker 869 to 

303 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone on the Lower Mississippi River 

from mile marker 869.0 to 303.0, 

extending the entire width of the river, 

0.5 mile downriver and 0.5 mile upriver 

from the 2009 US Army Corps of 

Engineers (USACE) revetment work 

throughout the Lower Mississippi River. 

This moving safety zone is needed to 

protect persons and vessels from the 

potential safety hazards created by the 

2009 USACE revetment project. Entry 

into this zone is prohibited to all vessels 

and mariners unless authorized by the 

Captain of the Port (COTP) Lower 

Mississippi River or a designated 

representative. 

DATES: This rule is effective from 

September 1, 2009, at 6 a.m. until 6 p.m. 

to November 1, 2009. The safety zone 

has been enforced with actual notice 

since July 4, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0561 and are available online by going 

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

USCG–2009–0561 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at two locations: 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 and Sector 

Lower Mississippi River, 2 Auction 

Avenue, Memphis, Tennessee 38105 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Chief Warrant Officer 

Ray Bartlett, Sector Lower Mississippi 

River Waterways Management Branch, 

at (866) 777–2784, e-mail: 

Raymond.J.Bartlett@USCG.MIL. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45121 

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 an NPRM would be 

impracticable and contrary to public 

interest. The USACE revetment project 

is an annual event that is needed to 

ensure bank erosion does not affect the 

proper navigational depth on the Lower 

Mississippi River. One-way traffic 

around the work barges and possible 

closures of this portion of the river are 

necessary to ensure vessels are not put 

into jeopardy during the revetment 

work. Broadcast Notice to Mariners 

(BNM) will update mariners of the 

progress of the revetment project 

throughout the time period. 

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 an NPRM and 

delaying its effective date would be 

contrary to public interest because 

immediate action is needed to protect 

USACE vessels and personnel. 

Background and Purpose 

On 11 June 2009, the USACE notified 

the COTP Lower Mississippi River of 

their 2009 revetment schedule. The 

USACE utilizes special types of barges, 

Concrete Mat Laying, rock moving 

crane, and leveling graders along with 

scoop and pan dredges. Each barge 

commonly has a M/V for maneuvering. 

Passing arrangements may be made with 

the USACE M/V prior to arriving within 

0.5 miles of each work site. 

Several work locations are planned 

for the 2009 season. Starting on July 04, 

2009, the scheduled work sites are 

expected to be within the COTP Lower 

Mississippi River’s Area of 

Responsibility (AOR). Starting at mile 

marker 839.0, and then continuing 

down river to approximately 20 other 

scheduled locations. Each location is 

predetermined by the USACE. 

A hazardous situation could exist for 

vessels, mariners, and spectators in the 

vicinity of the revetment work sites due 

to the inherently dangerous work 

involved. A safety zone is needed to 

protect those vessels, mariners, and 

spectators from the hazards associated 

with revetment work. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone for all waters of 

the Lower Mississippi River extending 

the entire width of the river from mile 

marker 869.0 to mile marker 303.0. 

Entry into this zone is prohibited unless 

specifically authorized by the COTP 

Lower Mississippi River or a designated 

representative. The COTP Lower 

Mississippi River may be contacted by 

telephone at (866) 777–2784. The COTP 

Lower Mississippi River or a designated 

representative will inform the public 

through BNM’s of changes in the 

effective period and locations of the 

USACE vessels for the safety zone. This 

rule is effective from July 04, 2009, at 6 

a.m. until 6 p.m. on November 01, 2009, 

or until the USACE revetment work is 

complete. 

Regulatory Evaluation 

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. This rule will only be in effect 

for a short period of time and 

notifications to the marine community 

will be made through BNM. 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 between 

mile marker 869.0 and mile marker 

303.0 on the Lower Mississippi River 

from July 4, 2009, at 6 a.m. until 6 p.m. 

on November 1, 2009, or until the 

USACE revetment work is complete. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because this rule allows for the USACE 

M/V to determine safe passage of one 

way traffic and night-time two way 

traffic during the time period. In 

addition, the COTP will provide 

updates to the mariners with BNM. 

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 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 or more in any one year. 

Though this rule will not result in such 

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45122 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect 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. 

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. 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 new temporary § 165.T08– 

0561 to read as follows: 

§ 165.T08–0561 Safety Zone; Lower 

Mississippi River, USACE Revetment, Mile 

Marker 869 to 303. 

(a) Location. The following area is a 

safety zone: 0.5 mile downriver and 0.5 

mile upriver from the 2009 U.S. Army 

Corps of Engineers (USACE) revetment 

work throughout the Lower Mississippi 

River, beginning at mile marker 869.0 

and ending at mile marker 303.0, 

extending the entire width of the river 

during revetment operations. A mooring 

barge and spar barge will be 

perpendicular to the shore, and a work 

barge with a supply barge will be 

parallel to the shore and tied off to the 

mooring barge. The work barge utilizes 

large cranes in conjunction with 

bulldozers on the river bank to lay the 

mat. A Broadcast Notice to Mariners 

will be used by the Captain of the Port 

(COTP) Lower Mississippi River to 

identify specific locations of the USACE 

M/V and revetment locations. 

(b) Effective dates. This section is 

effective from 6 a.m. on July 4, 2009, 

until 6 p.m. on November 1, 2009, or 

until the USACE revetment work is 

complete. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone by vessels 

or mariners is prohibited unless 

authorized by the COTP Lower 

Mississippi River or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the COTP Lower 

Mississippi River or a designated 

representative. They may be contacted 

on VHF–FM Channel 16, or by 

telephone at (866) 777–2784. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Lower Mississippi River and 

designated personnel. ‘‘Designated 

personnel’’ include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

Dated: July 28, 2009. 

M.S. Gardiner, 

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

Port Lower Mississippi River. 

[FR Doc. E9–21022 Filed 8–31–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8089] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

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