This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53193 

Vol. 75, No. 168 

Tuesday, August 31, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0703] 

RIN 1625–AA00 

Safety Zone; Mississippi River, Mile 

427.3 to 427.5 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Upper Mississippi 

River, Mile 427.3 to 427.5, extending the 

entire width of the river. This safety 

zone is needed to protect persons and 

vessels from safety hazards associated 

with a land based firework display 

occurring on the Upper Mississippi 

River. Entry into this zone will be 

prohibited unless specifically 

authorized by the Captain of the Port 

Upper Mississippi River or a designated 

representative. 

DATES: This rule is effective from 8 p.m. 

until 8:30 p.m. on September 5, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0703 and are available online by going 

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

USCG–2010–0703 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 Lieutenant (LT) Rob 

McCaskey, Sector Upper Mississippi 

River Response Department at telephone 

314–269–2541, e-mail 

Rob.E.McCaskey@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.’’ The Coast Guard 

finds that it would be impracticable to 

publish a notice of proposed rulemaking 

(NPRM) with respect to this rule 

because the event would occur before 

the rulemaking process could be 

completed. 

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. Publishing a NPRM and 

delaying its effective date would be 

impracticable because immediate action 

is needed to protect vessels and 

mariners from the safety hazards 

associated with a land based fireworks 

display. 

Basis and Purpose 

On September 5, 2010 the City of 

Keithsburg will be conducting a 

fireworks display at mile 427.4 on the 

Upper Mississippi River. This event 

presents safety hazards to the navigation 

of vessels between mile 427.3 and mile 

427.5, extending the entire width of the 

river. A safety zone around the launch 

site is necessary to protect spectators, 

vessels, and other property from the 

hazards associated with the fireworks. 

The Captain of the Port Upper 

Mississippi River will inform the public 

of all safety zone changes through 

broadcast notice to mariners. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone for all waters of the Upper 

Mississippi River, Mile 427.3 to 427.5, 

extending the entire width of the river. 

Entry into this zone will be prohibited 

to all vessels and persons except 

participants and those persons and 

vessels specifically authorized by the 

Captain of the Port Upper Mississippi 

River. This rule will be effective from 8 

p.m. until 8:30 p.m. CDT on September 

5, 2010. The Captain of the Port Upper 

Mississippi River will inform the public 

through broadcast notice to mariners of 

all safety zone changes and enforcement 

periods. 

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 

zone, the effect of this rule will not be 

significant because of the very brief 

duration of the effective period of the 

zone. Furthermore, the local waterway 

users will be notified via public 

Broadcast Notice to Mariners to ensure 

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 for 

the following reasons: (1) This rule will 

only be in effect for a limited period of 

time; and (2) the local waterway users 

will be notified via public Broadcast 

Notice to Mariners. 


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53194 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

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 

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, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, 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. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 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.T08–0703 to read as 

follows: 

§ 165.T08–0703 Safety Zone; Upper 

Mississippi River, Mile 427.3 to 427.5. 

(a) Location. The following area is a 

safety zone: All waters of the Upper 

Mississippi River, Mile 427.3 to 427.5 

extending the entire width of the 

waterway. 

(b) Effective date. This rule is effective 

from 8 p.m. until 8:30 p.m. CDT on 

September 5, 2010. 

(c) Periods of enforcement. This rule 

will be enforced from 8 p.m. until 8:30 

p.m. CDT on September 5, 2010. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53195 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 

314–269–2332. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Upper Mississippi 

River or their designated representative. 

Designated Captain of the Port 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officers of the U.S. Coast 

Guard. 

Dated: July 30, 2010. 

S.L. Hudson, 

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

Port Upper Mississippi River. 

[FR Doc. 2010–21616 Filed 8–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0021] 

RIN 1625–AA87 

Security Zone; U.S. Coast Guard BSU 

Seattle, Pier 36, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a security zone at U.S. 

Coast Guard (USCG) Base Support Unit 

(BSU) Seattle, Pier 36, Elliot Bay, 

Seattle, WA. This permanent security 

zone is necessary to protect military and 

visiting foreign vessels, waterfront 

facilities, and the maritime public from 

destruction, loss, or injury from 

sabotage, subversive acts, or other 

malicious acts of a similar nature. Entry 

into or movement within this security 

zone is prohibited without the 

permission of the Captain of the Port 

Puget Sound or a Designated 

Representative. 

DATES: This rule is effective September 

30, 2010. 

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–2010–0021 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0021 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 LTJG Ashley M. Wanzer, Sector 

Puget Sound Waterways Management, 

Coast Guard; telephone 206–217–6175, 

e-mail SectorSeattleWWM@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, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zone; U.S. Coast Guard 

BSU Seattle, Pier 36, Seattle, WA in the 

Federal Register (75 FR 23212). We 

received zero comments on the 

proposed rule. We did not receive any 

requests for a public meeting and a 

public meeting was not held regarding 

this regulation. 

Basis and Purpose 

Heightened awareness of potential 

terrorist acts requires enhanced security 

of our ports, harbors, and vessels. This 

rule establishes a security zone to 

protect waterfront facilities, persons, 

and vessels from subversive or terrorist 

acts on the waters surrounding USCG 

BSU Seattle, Pier 36, Elliot Bay, WA. 

The Coast Guard Captain of the Port 

Puget Sound finds sufficient cause to 

require this security zone to protect 

military vessels, facilities and the 

maritime public located at Pier 36, Elliot 

Bay, WA. This security zone will be 

continuously activated in order to 

maintain the security of both moored 

vessels and permanent facilities 

regardless of the physical presence of 

military vessels within the zone. 

Discussion of Comments and Changes 

We did not receive any comments on 

the NPRM. Accordingly, we have made 

no changes from the proposed rule. 

Discussion of Rule 

This rule establishes a permanent 

security zone necessary to protect 

military and visiting foreign vessels, 

waterfront facilities, and the maritime 

public from destruction, loss, or injury 

from sabotage, subversive acts, or other 

malicious acts of a similar nature. Entry 

into or movement within this security 

zone is prohibited without the 

permission of the Captain of the Port 

Puget Sound or a Designated 

Representative. 

Pier 36 is an inlet that provides vessel 

moorage to Coast Guard and visiting 

military vessels. The permanent security 

zone established by this rule extends 

from the north western tip of Pier 36 

across the inlet to the south western tip 

of Pier 36, effectively closing off the 

access point such that unauthorized 

vessels are prohibited from entering the 

pier. 

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 because it does not 

adversely affect the transit of maritime 

vessels or the recreational boating 

public to major waterways. 

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 security zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason: Vessel traffic can 

pass safely around the security zone. 

This security zone will impact the 

following entities, some of which may 

be small entities; those vessels or vessel 

operators who intend to enter BSU 

Seattle at Pier 36, Seattle, WA. 


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