Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49301 

Pequonnock River, mile 0.3, at 

Bridgeport, Connecticut, has a vertical 

clearance in the closed position of 26 

feet at mean high water and 32 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.219(b). 

The operator of the bridge, Metro 

North Railroad, requested a temporary 

deviation from the regulations to 

facilitate scheduled bridge maintenance, 

miter rail repair, at the bridge. 

The waterway users are recreational 

vessels and commercial lobster boats. 

The Metro North (Peck) Bridge rarely 

opens for vessel traffic. The bridge has 

received no requests to open during the 

past two years except for bridge testing 

and repairs. 

Under this temporary deviation the 

Metro North (Peck) Bridge may remain 

in the closed position from August 22, 

2011 through November 30, 2011. 

Vessels that can pass under the bridge 

in the closed position may do so at all 

times. 

The waterway users were advised of 

the requested bridge closure and offered 

no objection. 

In accordance with 33 CFR 117.35(e), 

the bridge 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: July 29, 2011 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–20247 Filed 8–9–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0044] 

RIN 1625–AA11 

Regulated Navigation Area; Columbus 

Day Weekend, Biscayne Bay, Miami, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent regulated 

navigation area (RNA) on Biscayne Bay 

in Miami, Florida. The RNA will be 

enforced annually on the Saturday and 

Sunday of the second week in October 

(Columbus Day weekend). It includes all 

waters within one nautical mile of the 

center of the Intracoastal Waterway 

between Featherbed Bank and the 

Rickenbacker Causeway Bridge. All 

vessels within the RNA are: required to 

transit the RNA at no more than 15 

knots; subject to control by the Coast 

Guard; and required to follow the 

instructions of all law enforcement 

vessels in the area. This RNA is 

necessary to ensure the safe transit of 

vessels and to protect the marine 

environment. 

DATES: The rule will be effective 

September 9, 2011, and will be enforced 

daily from 12:01 p.m. until 11:59 p.m. 

on the Saturday and Sunday of the 

second week in October (Columbus Day 

weekend) each year. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0044 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0044 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 Lieutenant Jennifer S. Makowski, 

Sector Miami Prevention Department, 

Coast Guard; telephone 305–535–8724, 

e-mail Jennifer.S.Makowski@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 

On May 3, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled USCG–2011–0044 in the 

Federal Register (76 FR 24837). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas (RNAs) and 

limited access areas: 33 U.S.C. 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; Public Law 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of the rule is to ensure 

the safe transit of vessels in the area and 

to protect all persons, vessels, and the 

marine environment. 

Discussion of Rule 

This rule designates an RNA 

encompassing all waters within one 

nautical mile of the center of the 

Intracoastal Waterway from Featherbed 

Bank extending 14 nautical miles north 

to the Rickenbacker Causeway Bridge in 

Miami, Florida. The RNA will be 

enforced daily from 12:01 p.m. until 

11:59 p.m. on the Saturday and Sunday 

of the second week in October 

(Columbus Day weekend) each year. All 

vessels within the RNA are: (1) Required 

to transit the area at no more than 15 

knots; (2) subject to control by the Coast 

Guard; and (3) required to follow the 

instructions of all law enforcement 

vessels in the area. 

The RNA is necessary to ensure the 

safety of the public. The close proximity 

of numerous vessels transiting that 

portion of the Intracoastal Waterway 

encompassed within the RNA during 

Columbus Day weekend poses a 

hazardous condition. The RNA will 

result in the transiting of vessels at a 

safer speed, thereby significantly 

reducing the threat of vessel collisions. 

Requiring vessels within the RNA to 

transit at no more than 15 knots will 

also enable law enforcement officials to 

identify, respond to, query, and stop 

operators who may pose a hazard to 

other vessels in the area. Nothing in this 

regulation alleviates vessels or operators 

from complying with all other Federal, 

state, and local laws in the area, 

including manatee slow speed zones. 

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. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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 economic impact of this rule is 

not significant for the following reasons: 

(1) The RNA will be in effect for only 

two days each year; (2) although during 

the enforcement period vessels will be 

required to transit the RNA at no more 

than 15 knots, be subject to control by 

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49302 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

the Coast Guard, and be required to 

follow the instructions of all law 

enforcement vessels in the area, the 

RNA does not prohibit vessels from 

transiting the area; (3) vessels may still 

operate in surrounding waters that are 

not encompassed within the RNA 

without the restrictions imposed by the 

RNA; and (4) advance notification of the 

RNA’s enforcement will be made to the 

local maritime community via Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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 or operators of 

vessels intending to transit the RNA on 

the Saturday and Sunday of the second 

week in October (Columbus Day 

weekend). For the reasons discussed in 

the Executive Order 12866 and 

Executive Order 13563 section above, 

this rule will not have significant 

economic impact on a substantial 

number of small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 

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 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 establishing an RNA, as 

described in paragraph 34(g) of the 

Instruction, from Featherbed Bank in 

Biscayne Bay north to the Rickenbacker 

Causeway in Miami, Florida. An 

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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49303 

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. 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; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ Add § 165.779 to read as follows: 

§ 165.779 Regulated Navigation Area; 

Columbus Day Weekend, Biscayne Bay, 

Miami, FL. 

(a) Regulated area. The regulated 

navigation area encompasses all waters 

in Biscayne Bay between Featherbed 

Bank and the Rickenbacker Causeway 

Bridge contained within an imaginary 

line connecting the following points: 

beginning at Point 1 in position 

25°44′49′′ N, 80°12′02′′ W; thence 

southwest to Point 2 in position 

25°31′21′′ N, 80°15′28′′ W; thence 

southeast to Point 3 in position 

25°30′53′′ N, 80°13′20′′ W; thence 

northeast to Point 4 in position 

25°43′57′′ N, 80°10′01′′ W; thence back 

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 Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) During each 

enforcement period, all vessels within 

the regulated area are required to transit 

at no more than 15 knots, are subject to 

control by the Coast Guard, and must 

follow the instructions of designated 

representatives. 

(2) At least 48 hours prior to each 

enforcement period, the Coast Guard 

will provide notice of the regulated area 

through advanced notice via Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

(d) Enforcement period. This rule will 

be enforced daily from 12:01 p.m. until 

11:59 p.m. on the Saturday and Sunday 

of the second week in October 

(Columbus Day weekend) each year. 

Dated: June 26, 2011. 

William D. Baumgartner, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2011–20246 Filed 8–9–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0448; FRL–9450–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Rules Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking several actions 

on a revision to the Minnesota State 

Implementation Plan (SIP) which 

updates Minnesota’s rules in the SIP. 

The Minnesota Pollution Control 

Agency (MPCA) submitted the SIP 

revision to EPA on May 5, 2008. The 

revisions to Minnesota’s air quality 

rules reflect changes that have occurred 

to the state rules since 1998. EPA is 

approving the majority of MPCA’s 

submittal, which will result in 

consistent enforceability of rules at the 

state and Federal levels. EPA is 

deferring action on two sections of 

Minnesota’s rules related to the state’s 

operating permit program. Finally, EPA 

is disapproving the state’s request to 

remove the Minneapolis/St. Paul 

vehicle inspection and maintenance 

program from the Minnesota SIP. These 

actions are consistent with the Clean Air 

Act (CAA) and EPA regulations. 

DATES: This direct final rule will be 

effective October 11, 2011, unless EPA 

receives adverse comments by 

September 9, 2011. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0448, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312)408–2279. 

4. Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2008– 

0448. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

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