Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52269 

of the Captain of the Port, Sector Lake 

Michigan. 

DATES: The regulations in 33 CFR 

165.933 will be enforced daily from 8 

a.m. until 8 p.m. on August 12–14, 2011 

and again from 8 a.m. to 8 p.m. on 

September 28, 2011 through October 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at 414–747– 

7154, e-mail Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone; 33 

CFR 165.933–Chicago Harbor, Navy Pier 

East, Chicago, IL for the following 

events: 

(1) Chicago Match Race; on August 

12, 2011 from 8 a.m. through 8 p.m.; on 

August 13, 2011 from 8 a.m. through 8 

p.m.; on August 14, 2011 from 8 a.m. 

through 8 p.m.; on September 28, 2011 

from 8 a.m. through 8 p.m.; on 

September 29, 2011 from 8 a.m. through 

8 p.m.; on September 30, 2011 from 8 

a.m. through 8 p.m.; and on October 1, 

2011 from 8 a.m. through 8 p.m. 

All vessels must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative to enter, move within or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. While within a 

safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.933 Safety Zone, Chicago 

Harbor, Navy Pier East, Chicago IL and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port, 

Sector Lake Michigan, will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. If the Captain of the Port, 

Sector Lake Michigan, determines that 

the safety zone need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the safety zone. The Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene representative may be 

contacted via VHF Channel 16. 

Dated: August 10, 2011. 

M. W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2011–21334 Filed 8–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0752] 

RIN 1625–AA00 

Safety Zone; Port Huron Float Down, 

St. Clair River, Port Huron, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port Detroit Zone on 

the St. Clair River, Port Huron, 

Michigan. This safety zone is intended 

to restrict vessels from portions of the 

St. Clair River during the Port Huron 

Float Down. Though this is an 

unsanctioned, non-permitted event, this 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with river tubing and 

float-down events. 

DATES: This rule is effective and will be 

enforced from 12 to 8 p.m. on August 

21, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0752 and are available online by going 

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

USCG–2011–0752 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 Lt. Adrian 

Palomeque, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313)568–9508, e-mail 

Adrian.F.Palomeque@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 doing 

so would be impracticable and contrary 

to the public interest. Notice 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 be impracticable and contrary to 

the public interest because it would 

inhibit the Coast Guard’s ability to 

protect the public from the hazards 

associated with this Coast Guard 

exercise. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for the 30-day notice period to 

run would be impracticable and 

contrary to the public interest because 

immediate action is necessary to 

prevent possible loss of life or property. 

Background and Purpose 

On August 21, 2011, a non-permitted 

public event has been advertised over 

various social-media sites in which a 

large number of persons may float down 

a segment of the St. Clair River using 

inner tubes and other similar floatation 

devices. This event took place in 2009/ 

2010, though it did not receive a state 

or Federal permit, it drew in over 5,000 

participants. Despite the plan put 

together by the Federal, state and local 

officials, emergency responders and LE 

officials were overwhelmed with 

medical emergencies, people drifting 

across the international border, and 

people trespassing on residential 

property when trying to get out of the 

water before the designated finish line. 

Promotional information for the event 

continues to be published, and more 

than 5,000 people are anticipated to 

float down the river this year. 

Based on the amount of public 

participation and safety concerns 

identified in 2009 and 2010, the Captain 

of the Port Detroit has determined that 

mstockstill on DSK4VPTVN1PROD with RULES

52270 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

the 2011 float-down poses significant 

risks to public safety and property. The 

likely combination of large numbers of 

participants, strong river currents, 

limited rescue resources, and difficult 

emergency response scenarios could 

easily result in serious injuries or 

fatalities to float-down participants and 

spectators. Establishing a safety zone to 

control movement at the location of the 

float-down will help ensure the safety of 

persons and property and minimize the 

associated risks. 

Discussion of Rule 

This safety zone is necessary to 

ensure the safety of spectators, vessels, 

and the public from the hazards 

associated with the Port Huron Float 

Down. The 2011 float-down event will 

occur between about 1 and 5 p.m. on 

August 21, 2011. This rule will be in 

effect and the safety zone will be 

enforced from 12 to 8 p.m. on August 

21, 2011. 

The safety zone will begin at 

Lighthouse Beach and encompass all 

U.S. waters of the St. Clair River bound 

by a line starting at a point on land 

north of Coast Guard Station Port Huron 

at position 43°00′25′′ N; 082°25′20′′ W, 

extending east to the international 

boundary to a point at position 

43°00′25′′ N; 082°25′02′′ W, following 

south along the international boundary 

to a point at position 42°54′30′′ N; 

082°27′41′′ W, extending west to a point 

on land (just north of Stag Island) at 

position 42°54′30′′ N; 082°27′58′′ W, and 

following north along the U.S. shoreline 

to the point of origin. All geographic 

coordinates are North American Datum 

of 1983 [NAD 83]. 

All persons and vessels shall comply 

with the instructions of the Captain of 

the Port Detroit or his designated on 

scene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit or his designated on scene 

representative. The Captain of the Port 

Detroit or his designated on scene 

representative may be contacted via 

VHF Channel 21. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This determination 

is based on the short time that vessels 

will be restricted from the area of water 

impacted by the safety zone. 

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 and operators of 

vessels intending to transit or anchor in 

a portion of the St. Clair River near Port 

Huron, MI between 12 p.m. and 8 p.m. 

on August 21, 2011. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: this rule will only 

be in effect and enforced for eight hours 

on one day. Vessels may request 

permission from the Captain of the Port 

Detroit to transit through the safety 

zone. The Coast Guard will give notice 

to the public via a Broadcast Notice to 

Mariners that the regulation is in effect, 

allowing vessel owners and operators to 

plan accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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. 

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. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52271 

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 the establishment of a safety 

zone which will only be effective 

temporarily and is therefore 

categorically excluded under paragraph 

34(g) of the Instruction. 

A final 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 record keeping 

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; 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.T09–0752 to read as 

follows: 

§ 165.T09–0752 Safety Zone; Port Huron 

Float Down; St. Clair River; Port Huron, MI. 

(a) Location. The safety zone will 

begin at Lighthouse Beach and 

encompass all U.S. waters of the St. 

Clair River, Port Huron, MI, bound by a 

line starting at a point on land north of 

Coast Guard Station Port Huron at 

position 43°00′25′′ N; 082°25′20′′ W, 

extending east to the international 

boundary to a point at position 

43°00′25′′ N; 082°25′02′′ W, following 

south along the international boundary 

to a point at position 42°54′30′′ N; 

082°27′41′′ W, extending west to a point 

on land (just north of Stag Island) at 

position 42°54′30′′ N; 082°27′58′′ W, and 

following north along the U.S. shoreline 

to the point of origin. (DATUM: NAD 

83). 

(b) Effective Period. This regulation is 

effective and will be enforced from 12 

p.m. until 8 p.m. on August 21, 2011. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port Detroit, or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

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

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 21. 

(4) Vessel operators desiring to enter 

or operate within the safety zone should 

contact the Captain of the Port Detroit 

or his on-scene 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 Captain 

of the Port or his on-scene 

representative. 

Dated: August 9, 2011. 

J. E. Ogden, 

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

Port Detroit. 

[FR Doc. 2011–21341 Filed 8–18–11; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

[Docket ID ED–2009–OPE–0003] 

RIN 1840–AC95 

Institutions and Lender Requirements 

Relating to Education Loans, Student 

Assistance General Provisions, 

Federal Perkins Loan Program, Federal 

Family Education Loan Program, and 

William D. Ford Federal Direct Loan 

Program; Corrections 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Correcting amendments. 

SUMMARY: On October 28, 2009, the 

Department of Education (Department) 

published final regulations in the 

Federal Register to implement 

requirements relating to education loans 

that were added to the Higher Education 

Act of 1965, as amended (HEA), by the 

Higher Education Opportunity Act 

(HEOA). The Department also amended 

regulations for the Student Assistance 

General Provisions, Federal Perkins 

Loan Program, Federal Family 

Education Loan Program, and William 

D. Ford Federal Direct Loan Program to 

implement certain provisions of the 

HEA that involve school-based loan 

issues and that were affected by the 

statutory changes made to the HEA by 

mstockstill on DSK4VPTVN1PROD with RULES