Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32273 

NATIONAL MEDIATION BOARD 

29 CFR Parts 1202 and 1206 

[Docket No. C–6964] 

RIN 3140–ZA00 

Representation Election Procedure 

AGENCY: National Mediation Board. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The National Mediation 

Board (NMB) is delaying the effective 

date of its rule regarding representation 

election procedures from June 10, 2010 

to June 30, 2010. The purpose of this 

notice is to notify participants under the 

Railway Labor Act (RLA) that the rule 

will apply to applications filed on or 

after June 30, 2010. 

DATES: Effective Date: The effective date 

of the rule amending 29 CFR Parts 1202 

and 1206 published at 75 FR 26062, 

May 11, 2010, is delayed until June 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Mary Johnson, General Counsel, 

National Mediation Board, 202–692– 

5050, infoline@nmb.gov. 

SUPPLEMENTARY INFORMATION: On May 

11, 2010, the NMB published a Final 

Rule in the Federal Register (75 FR 

26062) with the effective date of June 

10, 2010. Due to upcoming proceedings 

in litigation related to the Final Rule, 

the NMB is delaying the 

implementation of the rule for 20 days. 

The new effective date is June 30, 2010. 

No other changes to the Representation 

Election Procedure Rule have been 

made. The NMB will notify participants 

if there are any further changes. 

Dated: June 3, 2010. 

Mary Johnson, 

General Counsel, National Mediation Board. 

[FR Doc. 2010–13696 Filed 6–7–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 147 

[Docket No. USCG–2010–0448] 

RIN 1625–AA00 

Safety Zone; DEEPWATER HORIZON 

at Mississippi Canyon 252 Outer 

Continental Shelf MODU in the Gulf of 

Mexico 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a continued safety zone 

around the riser for the DEEPWATER 

HORIZON, a Mobile Offshore Drilling 

Unit (MODU), at Mississippi Canyon 

252 in the Outer Continental Shelf. The 

safety zone in place pursuant to the 

Temporary Final Rule at docket USCG– 

2010–0323 terminates on May 26, 2010. 

This safety zone is needed to protect 

personnel involved in oil pollution 

response efforts. Continuing the safety 

zone around the riser will significantly 

reduce the threat of collisions, oil spills, 

and releases of natural gas, and thereby 

protect the safety of life, property, and 

the environment. Oil pollution response 

efforts are taking place on the water’s 

surface and subsurface. 

DATES: This rule is effective in the CFR 

on June 8, 2010 through August 26, 

2010. This rule is effective with actual 

notice for purposes of enforcement on 

May 26, 2010 and will remain in effect 

through August 26, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0448 and are available online by going 

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

USCG–2010–0448 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 Dr. Madeleine 

McNamara, U.S. Coast Guard, District 

Eight Waterways Management 

Coordinator; telephone 504–671–2103, 

madeleine.w.mcnamara@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 it is 

impracticable due to the emergency 

nature of the operations. Immediate 

action is necessary to protect first 

responders and to prevent entry into the 

area that is most impacted by the oil 

spill. 

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. Good cause exists because 

immediate action is necessary to protect 

first responders and to prevent entry 

into the area that is most impacted by 

the oil spill. 

Basis and Purpose 

The Coast Guard is establishing a 

safety zone in the deepwater area of the 

Gulf of Mexico in response to the 

sinking of the DEEPWATER HORIZON, 

a Mobile Offshore Drilling Unit 

(MODU), near Mississippi Canyon 252 

with a center point at 28–44–18N and 

088–21–54W. 

The safety zone is located in the 

location of the riser attached to the 

seabed of the Outer Continental Shelf. 

The safety zone is established to protect 

both environmental responders and the 

environment. Efforts are underway to 

stop the flow of oil using submersible 

remote operating vehicles. In evaluating 

this request, the Coast Guard explored 

relevant safety factors and considered 

several criteria, including but not 

limited to, (1) the level of shipping 

activity around the facility, (2) safety 

concerns for personnel aboard the 

facility, (3) concerns for the 

environment, (4) the likeliness that an 

allision would result in a catastrophic 

event based on proximity to shipping 

fairways, offloading operations, 

production levels, and size of the crew, 

(5) the volume of traffic in the vicinity 

of the proposed area, (6) the types of 

vessels navigating in the vicinity of the 

proposed area, and (7) the structural 

configuration of the facility. We have 

determined that a safety zone is needed 

to protect persons and vessels in the 

vicinity of the oil spill. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone encompassing all areas 

within 500 meters around the position 

28–44–18N and 088–21–54W. The 

safety zone is located in the deepwater 

area of the Gulf of Mexico near 

Mississippi Canyon 252. For the 

purpose of this regulation, the 

deepwater area is considered to be 

waters of 304.8 meters (1,000 feet) or 

greater depth extending to the limits of 

the Exclusive Economic Zone (EEZ) 


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32274 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

contiguous to the territorial sea of the 

United States and extending to a 

distance up to 200 nautical miles from 

the baseline from which the breadth of 

the sea is measured. The deepwater area 

also includes an extensive system of 

fairways. Navigation in the vicinity of 

the safety zone consists of large 

commercial shipping vessels, fishing 

vessels, cruise ships, tugs with tows and 

the occasional recreational vessel. 

Results from a thorough and 

comprehensive examination of the 

criteria, IMO guidelines, and existing 

regulations warrant the establishment of 

a safety zone of 500 meters around the 

position 28–44–18N latitude and 088– 

21–54W longitude. The regulation will 

reduce significantly the threat of 

collisions, allisions, oil spills, and 

releases of natural gas and increase the 

safety of life, property, and the 

environment in the Gulf of Mexico by 

prohibiting entry into the zone unless 

specifically authorized by the 

Commander, Eighth Coast Guard 

District. 

In accordance with the general 

regulations located at 33 CFR part 147, 

entry into this zone is prohibited unless 

specifically authorized by the 

Commander, Eighth Coast Guard 

District or a designated representative. 

They may be contacted on VHF–FM 

Channel 13 or 16 or by telephone at 

504–589–6225. 

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. 

This rule is not a significant 

regulatory action due to the location of 

the riser for the MODU DEEPWATER 

HORIZON—on the Outer Continental 

Shelf—and its distance from both land 

and safety fairways. Vessels traversing 

waters near the proposed safety zone 

will be able to safely travel around the 

zone without incurring additional costs. 

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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

Mississippi Canyon block 252. 

This safety zone will not have a 

significant economic impact or a 

substantial number of small entities for 

the following reasons: This rule will 

enforce a safety zone around a MODU 

that is in an area of the Gulf of Mexico 

not frequented by vessel traffic and is 

not in close proximity to a safety 

fairway. Further, vessel traffic can pass 

safely around the safety zone without 

incurring additional costs. 

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 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 


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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32275 

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, from further 

environmental documentation since 

implementation of this action will not 

result in any significant cumulative 

impacts on the human environment; 

does not involve a substantial change to 

existing environmental conditions; and 

is consistent with Federal, State, and/or 

local laws or administrative 

determinations relating to the 

environment. This rule involves 

establishing a safety zone. 

Pursuant to paragraph (34)(g) of the 

Instruction, an environmental checklist 

and a categorical exclusion checklist are 

available in the docket indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 147 

Continental shelf, Marine safety, 

Navigation (water). 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 147 as follows: 

PART 147—SAFETY ZONES 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: 14 U.S.C. 85; 43 U.S.C. 1333; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 147.T08–849 to read as 

follows: 

§ 147.T08–849 DEEPWATER HORIZON 

Mobile Offshore Drilling Unit Safety Zone. 

(a) Location. All areas within 500 

meters (1640.4 feet) around the position 

of the riser at 28–44–18N and 088–21– 

54W are part of a safety zone. This area 

surrounds the DEEPWATER HORIZON, 

a Mobile Offshore Drilling Unit 

(MODU), that sank in the deepwater 

area of the Gulf of Mexico near 

Mississippi Canyon 252. The riser, 

which is attached to the seabed of the 

Outer Continental Shelf, is still in place 

and discharging oil. 

(b) Regulation. No vessel may enter or 

remain in this safety zone except the 

following: 

(1) An attending or first response 

vessel; or 

(2) A vessel authorized by the 

Commander, Eighth Coast Guard 

District or a designated representative. 

Dated: May 24, 2010. 

J.E. Tunstall, 

Captain, U.S. Coast Guard, Commander, 

Eighth Coast Guard District, Acting. 

[FR Doc. 2010–13644 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0139] 

RIN 1625–AA11 

Regulated Navigation Area; Gulf 

Intracoastal Waterway, Inner Harbor 

Navigation Canal, Harvey Canal, 

Algiers Canal, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) to prohibit all vessels from being 

within the Inner Harbor Navigation 

Canal (IHNC), Harvey Canal, and Algiers 

Canal during severe hurricane 

conditions. Vessels will not be 

permitted to stay in the RNA past 24 

hours in advance of and through the 

storm passage, except those vessels 

moored pursuant to mooring plans 

approved by the Captain of the Port. 

Alternate routes exist for vessels to 

transit around or depart from the RNA. 

This RNA is needed to protect the 

floodwalls, levees, and adjacent 

communities within the IHNC, Harvey, 

and Algiers Canals from potential 

hazards associated with vessels being in 

this area during a hurricane. 

DATES: This interim rule is effective in 

the CFR on June 8, 2010. This rule is 

effective with actual notice for purposes 

of enforcement on May 21, 2010. 

Comments and related material must be 

received by the Coast Guard on or before 

July 8, 2010. Requests for public 

meetings must be received by the Coast 

Guard on or before June 18, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0139 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Lieutenant Commander 

(LCDR) Marty Daniels, Coast Guard; 

telephone 504–565–5044, e-mail 

William.M.Daniels@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http://

www.regulations.gov and will include 


srobinson on DSKHWCL6B1PROD with RULES