Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51885 

section applies to bonds to which 

section 142 applies that are sold on or 

after October 18, 2011. 

(2) Elective retroactive application. 

Issuers may apply this section, in 

whole, but not in part, to outstanding 

bonds to which section 142 applies and 

which were sold before October 18, 

2011. 

(3) Certain refunding bonds. An issuer 

need not apply this section to bonds 

that are issued in a current refunding to 

refund bonds to which this section does 

not apply if the weighted average 

maturity of the refunding bonds is no 

longer than the remaining weighted 

average maturity of the refunded bonds. 

PART 17—[REMOVED] 

■ Par. 4. Part 17 is removed. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved by: August 9, 2011. 

Emily S. McMahon, 

(Acting) Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. 2011–21154 Filed 8–18–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0696] 

Drawbridge Operation Regulation; 

Grassy Sound Channel, Middle 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Grassy Sound/ 

Ocean Drive Bascule Bridge across the 

Grassy Sound Channel, mile 1.0, at 

Middle Township, NJ. The deviation is 

necessary to accommodate racers in 

‘‘The Wild Half’’ half marathon. This 

deviation allows the bridge to remain in 

the closed position to ensure safe 

passage for the half marathon racers. 

DATES: This deviation is effective from 

7:45 a.m. through 11 a.m. on August 28, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0696 and are available online by going 

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

USCG–2011–0696 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 rule, call or 

e-mail Lindsey Middleton, Coast Guard; 

telephone 757–398–6629, e-mail 

Lindsey.R.Middleton@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: Cape May 

County Department of Public Works has 

requested a temporary deviation from 

the current operating regulations of the 

Grassy Sound/Ocean Drive Bascule 

Bridge across the Grassy Sound 

Channel, mile 1.0, at Middle Township, 

NJ. The route of ‘‘The Wild Half’’ half 

marathon crosses the bridge twice and 

the requested deviation is to 

accommodate the race participants. To 

facilitate this event, the draw of the 

bridge will be maintained in the closedto-navigation position from 7:45 a.m. 

until 11 a.m. on Sunday August 28, 

2011. 

The vertical clearance for this bridge 

in the closed position is 15 feet at Mean 

High Water and unlimited in the open 

position. The operating regulations are 

set forth in 33 CFR 117.721 which states 

that during this time of year the bridge 

shall open on signal from 6 a.m. to 8 

p.m. 

Vessels that can pass through the 

bridge in the closed position may do so 

at any time. The Coast Guard will 

inform the waterway users of the 

closure through our Local and Broadcast 

Notices to Mariners to minimize any 

impact caused by the temporary 

deviation. The bridge will be able to 

open for emergencies. In the past 6 years 

there have been minimal openings for 

this bridge during the morning hours in 

August. Most vessel traffic consists of a 

few tugs and tows and recreational 

boaters. Vessels can use the Stone 

Harbor Bridge across the Great Channel 

as an alternate route to Hereford Inlet 

and the Atlantic Ocean. 

In accordance with 33 CFR 117.35(e), 

the drawbridge 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: August 2, 2011. 

Waverly W. Gregory, Jr., 

Bridge Program Manager By direction of the 

Commander Fifth Coast Guard District. 

[FR Doc. 2011–21187 Filed 8–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0718] 

RIN 1625–AA00 

Safety Zone; Thunder on Niagara, 

Niagara River, North Tonawanda, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Niagara River, North Tonawanda, NY. 

This temporary safety zone is intended 

to restrict vessels from a portion of the 

Niagara River during the Thunder on 

Niagara powerboat races. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with powerboat 

races. 

DATES: This rule is effective from 

10 a.m. on August 20, 2011 until 6 p.m. 

on August 21, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket, are part of docket USCG–2011– 

0718 and are available online by going 

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

USCG–2011–0718 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 temporary 

rule, call or e-mail Lieutenant Chris 

Mercurio, Waterways Management 

Division Chief, U.S. Coast Guard Sector 

Buffalo; telephone 716–843–9573, email Chris.F.Mercurio@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 


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51886 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

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 doing 

so would be impracticable and contrary 

to the public interest. The permit 

application was not received in 

sufficient time for the Coast Guard to 

solicit public comments before the start 

of the event. Thus, waiting for a notice 

and comment period to run would 

inhibit the Coast Guard from protecting 

the public and vessels from the hazards 

associated with powerboat races on 

navigable waters. 

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. Delaying this rule would be 

impracticable and contrary to the public 

interest for the same reasons discussed 

in the preceding paragraph. 

Background and Purpose 

On August 20th and 21st of 2011, the 

Thunder on Niagara powerboat races 

will be held on the Niagara River near 

North Tonawanda, NY. Based on recent 

accidents that have occurred in other 

Captain of the Port zones, the Captain of 

the Port Buffalo, has determined that 

powerboat races present significant risks 

to public safety and property. The likely 

combination of large numbers of 

recreational vessels, congested 

waterways, and alcohol use, presents a 

significant risk of serious injuries or 

fatalities. 

Discussion of Rule 

Because of the aforementioned 

hazards, the Captain of the Port Buffalo 

has determined that this temporary 

safety zone is necessary to ensure the 

safety of spectators and vessels during 

the Thunder on Niagara event. The 

safety zone will be enforced from 10 

a.m. on August 20, 2011 until 6 p.m. on 

August 21, 2011. The safety zone will 

encompass all waters of the Niagara 

River, North Tonawanda, NY starting at 

position 42° 03′36′′ N, 078° 54′45′′ W to 

43° 03′09′′ N, 078° 55′21′′ W to 43° 

03′00′′ N, 078° 53′42′′ W to 43° 02′42′′ N, 

078° 54′09′′ W, then returning to the 

point of origin. (DATUM: NAD 83). 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this rule is not 

a significant regulatory action because 

we anticipate that during the short time 

this zone will be in effect, it will have 

minimal impact on the economy, will 

not interfere with other agencies, will 

not adversely alter the budget of any 

grant or loan recipients, and will not 

raise any novel or legal policy issue. 

The safety zone will be enforced for a 

relatively short amount of time, and 

vessels may still pass through the zone 

with permission of the Captain of the 

Port Buffalo. 

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 temporary final rule may affect 

the following entities, some of which 

might be small entities: The owners of 

operators of vessels intending to transit 

or anchor in a portion of the Niagara 

River near North Tonawanda, New York 

between 10 a.m. on August 20, 2011 to 

6 p.m. on August 21, 2011. 

This temporary final rule will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: This rule will 

be in effect for a relatively short amount 

of time and vessels may still transit 

through the safety zone with permission 

from the Captain of the Port Buffalo or 

his on-scene representative. 

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 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. 


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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51887 

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 because it 

involves the establishment of a safety 

zone. 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. 1231; 46 U.S.C. 

Chapters 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 § 165.T09–0718 to read as 

follows: 

§ 165.T09–0718 Safety Zone; Thunder on 

Niagara, Niagara River, North Tonawanda, 

NY. 

(a) Location. The safety zone will 

encompass all waters of the Upper 

Niagara River, North Tonawanda, NY 

starting at position 42° 03′36′′ N, 078° 

54′45′′ W to 43° 03′09′′ N, 078°55′21′′ W 

to 43° 03′00′′ N, 078° 53′42′′ W to 43° 

02′42′′ N, 078° 54′09′′ W. (DATUM:NAD 

83). 

(b) Effective and Enforcement Period. 

This regulation is effective and will be 

enforced from 10 a.m. on August 20, 

2011 until 6 p.m. on August 21, 2011. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within the 

safety zone established by this section is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his onscene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo, is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within an enforced safety 

zone shall contact the Captain of the 

Port Buffalo or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port Buffalo 

or his on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Buffalo, or his onscene representative. 

Dated: August 8, 2011. 

S.M. Wischmann, 

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

Port Buffalo. 

[FR Doc. 2011–21186 Filed 8–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0426] 

RIN 1625–AA00 

Safety Zone; Patuxent River, Patuxent 

River, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the ‘‘NAS Patuxent River Air 

Expo ’11,’’ which consists of aerial 

practices, performance demonstrations 

and air shows, to be held over certain 

waters of the Patuxent River adjacent to 

Patuxent River, Maryland from 

September 1, 2011 through September 4, 

2011. This rule is necessary to provide 

for the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in portions of the Patuxent River 

during the event. 

DATES: This rule is effective from 

September 1, 2011 through September 4, 

2011. 


wreier-aviles on DSKDVH8Z91PROD with RULES