Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25111 

SUMMARY: This document corrects the 

DATES section of an interim final rule 

published on Friday, April 23, 2010. In 

the interim rule, the Bureau of Prisons 

(Bureau) revised its regulations 

regarding inmate contact with the 

community to remove two current 

Bureau regulations that prohibit inmates 

from publishing under a byline, due to 

a recent court ruling invalidating 

Bureau regulation language containing 

this prohibition. The April 23, 2010, 

publication inadvertently omitted an 

effective date. 

DATES: The interim final rule published 

April 23, 2010, at 75 FR 21163, is 

effective May 7, 2010. Comments are 

due by June 22nd, 2010. 

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: This 

document corrects the DATES section of 

the publication on Friday, April 23, 

2010 (75 FR 21163). The DATES section 

of that document should read as 

follows: ‘‘This rule is effective on [insert 

date of publication]. Comments are due 

by June 22nd, 2010.’’ However, because 

that document did not include an 

effective date, this document announces 

the effective date of those provisions. 

List of Subjects in 28 CFR Part 540 

Prisoners. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

[FR Doc. 2010–10727 Filed 5–6–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972; 

Correction 

Correction 

In rule document 2010–4666 

beginning on page 10413 in the issue of 

Monday, March 8, 2010 make the 

following correction: 

§706.2 [Corrected] 

On page 10413, in §706.2, in the table, 

under the heading ‘‘Number’’, ‘‘CG 59’’ 

should read ‘‘CG 58’’. 

[FR Doc. C1–2010–4666 Filed 5–6–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0162] 

RIN 1625–AA00 

Safety Zone; KFOG Kaboom, 

Fireworks Display, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters in San Francisco 

Bay in San Francisco, CA, in support of 

the KFOG Kaboom 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 his designated 

representative. 

DATES: This rule is effective from 7:45 

a.m. on May 20, 2010, through 9:30 p.m. 

on May 22, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0162 and are available online by going 

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

USCG–2010–0162 in the ‘‘Keyword’’ 

box, pressing Enter, 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 Ensign Liezl Nicholas at 415– 

399–7442, or e-mail 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, as publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule would be 

impracticable 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. 

Basis and Purpose 

The radio station KFOG will sponsor 

the KFOG Kaboom Fireworks Display 

on May 22, 2010, on the navigable 

waters of San Francisco Bay, CA. The 

fireworks display is meant for 

entertainment purposes. This safety 

zone establishes a temporary restricted 

area on the waters surrounding the 

fireworks launch site during loading of 

the pyrotechnics, and during the 

fireworks displays. This restricted area 

around the launch site is necessary to 

protect spectators, vessels, and other 

property from the hazards associated 

with the pyrotechnics on the fireworks 

barges. The Coast Guard has granted the 

event sponsor a marine event permit for 

the fireworks displays. 

Discussion of Rule 

From 7:45 a.m. on May 20, 2010, 

during the set up of the fireworks and 

until the start of the fireworks displays, 

the temporary safety zone applies to the 

navigable waters around the fireworks 

sites within a radius of 100 feet. From 

9 p.m. until 9:30 p.m., the area to which 

the temporary safety zone applies will 

increase in size to encompass the 

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25112 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

navigable waters around the fireworks 

launch site within a radius of 1,000 feet. 

The fireworks launch site will be 

located at 37°42′21.20′′ N, 122°23′3.46′′ 

W. 

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. These regulations 

are needed to keep spectators and 

vessels a safe distance away from the 

fireworks barges to ensure the safety of 

participants, spectators, and transiting 

vessels. 

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. Last but not least, 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 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 

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Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25113 

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; 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.T11–306 to read as 

follows: 

§ 165.T11–306 Safety Zone; KFOG 

Kaboom, Fireworks Display, San Francisco, 

CA. 

(a) Location. This temporary safety 

zone is established for a portion of the 

waters of San Francisco Bay in San 

Francisco, CA. The fireworks launch 

sites are located in position: 

37°42′21.20′′ N, 122°23′3.46′′ W (NAD 

83). From 7:45 a.m. on May 20, 2010, 

until 9 p.m. on May 22, 2010, the 

temporary safety zone extends to the 

navigable waters around the fireworks 

launch sites within a radius of 100 feet. 

From 9 p.m. until 9:30 p.m. on May 22, 

2010, the area to which the temporary 

safety zones extends encompasses the 

navigable waters within a radius of 

1,000 feet around the fireworks launch 

sites. 

(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) Effective period. This section is 

effective from 7:45 a.m. on May 20, 2010 

through 9:30 p.m. on May 22, 2010. 

Dated: April 16, 2010. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. 2010–10772 Filed 5–6–10; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 05–337, CC Docket No. 96– 

45; FCC 10–57] 

High-Cost Universal Service Support, 

Federal-State Joint Board on Universal 

Service, Lifeline and Link-Up 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) concludes that dramatic 

increases in telephone subscribership in 

Puerto Rico over the last several years 

make it unnecessary to adopt a new 

high-cost support mechanism for nonrural insular carriers as proposed by 

Puerto Rico Telephone Company. The 

Commission finds that the existing nonrural high-cost support mechanism, 

operating in conjunction with the 

Commission’s other universal service 

programs, is successfully increasing 

telephone subscribership in Puerto Rico 

and satisfies the requirements of the 

Communications Act of 1934, as 

amended, with respect to Puerto Rico. 

The Commission believes that the 

public would be best served by our 

focusing on comprehensive universal 

service reform, rather than developing a 

new non-rural insular high-cost support 

mechanism within the existing legacy 

universal service system. 

DATES: Effective June 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Ted 

Burmeister, Wireline Competition 

Bureau, Telecommunications Access 

Policy Division, (202) 418–7389 or TTY: 

(202) 418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Order in 

WC Docket No. 05–337, CC Docket No. 

96–45, WC Docket No. 03–109, FCC 10– 

57, adopted April 16, 2010, and released 

April 16, 2010. This Order was also 

released with a companion Proposed 

Rule document that is published 

elsewhere in this Federal Register issue. 

The complete text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

document may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863- 2893, facsimile 

(202) 863–2898, or via the Internet at 

WReier-Aviles on DSKGBLS3C1PROD with RULES