55270 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

of established Minimum Internal 

Control Standards and replaced them 

with a new part titled Minimum 

Internal Control Standards Class II 

Gaming, that was published in the 

Federal Register on October 10, 2008 

(73 FR 60492). The final rule provided 

an effective date for amendments to 

§§ 542.7 and 542.16 of October 13, 2009. 

An extension delayed the effective date 

of the amendments until October 13, 

2010. 74 FR 52138, October 9, 2009. The 

NIGC is again extending the effective 

date of these amendments to October 13, 

2011. The rule at § 543.3(c)(3) also set a 

deadline of within six months of the 

date the tribal gaming regulatory 

authorities’ enactment of tribal internal 

controls for tribal operators to come into 

compliance with tribal internal controls. 

This deadline has likewise been 

extended to October 13, 2011. 

As explained in the preamble to the 

final rule (73 FR 60492 (October 10, 

2008)), the Commission intended these 

amendments to be the first part of a 

multi-phase process of establishing 

separate MICS for class II gaming and 

that the extended effective date would 

provide the necessary time to complete 

this process. On October 9, 2009, the 

Commission extended the effective date 

of the amendments until October 13, 

2010, anticipating that all phases of the 

process would then be complete and 

that a final comprehensive set of class 

II MICS would take effect at that time. 

74 FR 52138 (October 9, 2009). The 

NIGC is extending the effective date of 

these amendments to October 13, 2011, 

to allow time for the transition as 

contemplated by the final rule. 

List of Subjects in 25 CFR Part 543 

Administrative practice and 

procedure, Gambling, Indians—lands, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth above, under 

the authority at 25 U.S.C. 2701, 2702, 

2706, et seq., the effective date for the 

amendments to §§ 542.7 and 542.16 for 

the final rule published October 10, 

2008, 73 FR 60492, is delayed from 

October 13, 2010, until October 13, 2011 

and 25 CFR Part 543 is amended as set 

forth below: 

PART 543—MINIMUM INTERNAL 

CONTROL STANDARDS FOR CLASS II 

GAMING 

■ 1. The authority citation for Part 543 

continues to read as follows: 

Authority: 25 U.S.C. 2701 et seq. 

■ 2. Section 543.3 is amended by 

revising paragraph (c)(3) to read as 

follows: 

§ 543.3 How do tribal governments comply 

with this part? 

* * * * * 

(c) * * * 

(3) Establish a deadline, no later than 

October 13, 2011, by which a gaming 

operation must come into compliance 

with the tribal internal control 

standards. However, the tribal gaming 

regulatory authority may extend the 

deadline by six months if written notice 

citing justification is provided to the 

Commission no later than two weeks 

before the deadline. 

* * * * * 

Dated: September 7, 2010. 

Tracie L. Stevens, 

Chairwoman. 

Steffani A. Cochran, 

Vice-Chairperson. 

Daniel Little, 

Associate Commissioner. 

[FR Doc. 2010–22661 Filed 9–9–10; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0782] 

RIN 1625–AA00 

Safety Zone; NASSCO Launching of 

USNS Washington Chambers, San 

Diego Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San Diego 

Bay in support of the NASSCO Ship 

Launching for the USNS Washington 

Chambers. The safety zone is necessary 

to provide for the safety of vessels and 

users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) San Diego or his designated 

representative. 

DATES: This rule is effective from 9:15 

a.m. through 11:15 a.m. on September 

11, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0782 and are available online by going 

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

USCG–2010–0782 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 Petty Officer Corey 

McDonald, Waterways Management, 

U.S. Coast Guard Sector San Diego, 

Coast Guard; telephone 619–278–7262, 

e-mail Corey.R.McDonald@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 was 

impracticable since the logistical details 

of the launching were not finalized nor 

presented to the Coast Guard in time to 

draft and publish an NPRM. As such, 

the event would occur before the 

rulemaking process was complete. Any 

delay in the regulation’s effective date 

would be contrary to the public interest, 

as immediate action is necessary to 

provide for the safety of vessels and 

users of the waterway. 

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. The issuance of final approval 

was so recent that the rule will be made 

effective less than 30 days after 

publication. Any delay in the effective 

date of this rule will expose vessels and 

persons of the waterway to dangers 

posed by ship launchings. 

Basis and Purpose 

The Coast Guard is establishing a 

temporary safety zone on the navigable 

waters of the San Diego Bay to 

contribute to the safety of the USNS 

Washington Chambers and surrounding 

vessels as this ship launches from 

WReier-Aviles on DSKJ8SOYB1PROD with RULES

Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55271 

NASSCO shipyards. There will be three 

tugboats to take control of the vessel 

after the launch. This temporary safety 

zone is necessary to provide for the 

safety of the vessels and users of the 

waterway. 

Discussion of Rule 

The USNS Washington Chambers will 

be launched from NASSCO shipyard 

into the San Diego Bay. The safety zone 

is required because the vessel’s planned 

launch location is in the maritime 

navigation channel. The safety zone will 

be enforced on September 11, 2010. The 

limits of the temporary safety zone 

include all navigable waters 

encompassed by the following 

coordinates: 

32°41.39′ N, 117°08.66′ W; 

32°41.24′ N, 117°09.05′ W; 

32°41.05′ N, 117°08.73′ W; 

32°41.20′ N, 117°08.34′ W; 

thence north along the shoreline to 

32°41.39′ N, 117°08.66′ W. 

The safety zone is necessary to 

provide for the safety of the vessels and 

users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the COTP San Diego or 

his designated representative. Vessels or 

persons violating this section will be 

subject to both criminal and civil 

penalties. 

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 proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size, duration, and location 

of the safety zone. This rule will be 

enforced only 2 hours early in the day 

when vessel traffic is low. Furthermore, 

vessel traffic can pass safely around the 

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 or operators of 

vessels intending to transit or anchor in 

a portion of the San Diego Bay from 9:15 

a.m. to 11:15 a.m. on September 11, 

2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced only 2 hours early in the day 

when vessel traffic is low. Vessel traffic 

can pass safely around the zone. Before 

the effective period, the Coast Guard 

will publish a local notice to mariners 

(LNM) and will issue broadcast notice to 

mariners (BNM) alerts via VHF Channel 

16 before the safety zone is enforced. 

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 

WReier-Aviles on DSKJ8SOYB1PROD with RULES

55272 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

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. 

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, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.01. 

■ 2. Add § 165.T11–347 to read as 

follows: 

§ 165.T11–347 Safety Zone; NASSCO 

Launching of USNS Washington Chambers, 

San Diego Bay, San Diego, CA. 

(a) Location. The safety zone will 

encompass the navigable waters 

encompassed by the following 

coordinates: 

32°41.39′ N, 117°08.66′ W; 

32°41.24′ N, 117°09.05′ W; 

32°41.05′ N, 117°08.73′ W; 

32°41.20′ N, 117°08.34′ W; 

thence north along the shoreline to 

32°41.39′ N, 117°08.66′ W. 

(b) Enforcement Period. This section 

will be enforced from 9:15 a.m. until 

11:15 a.m. on September 11, 2010. If the 

event concludes prior to the schedule 

termination time, the COTP will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) No person or 

vessel may enter or remain in a safety 

zone without the permission of the 

COTP or his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: August 25, 2010. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–22578 Filed 9–9–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0576] 

RIN 1625–AA00 

Safety Zone; Mississippi River, Mile 

212.0 to 214.5 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters of the Upper Mississippi River, 

Mile 212.0 to 214.5, extending West of 

Portage Island to the right descending 

bank of the river. This safety zone is 

needed to protect persons and vessels 

from safety hazards associated with a 

high speed boat race and land based 

fireworks display occurring on the 

Upper Mississippi River. Entry into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Upper Mississippi River or a designated 

representative. 

DATES: This rule is effective from 10 

a.m. until 9 p.m. CDT on September 11, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0576 and are available online by going 

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

USCG–2010–0576 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: 

WReier-Aviles on DSKJ8SOYB1PROD with RULES