55968 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

204 10–1–10 11–1–10 1.75 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

204, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates For Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

204 10–1–10 11–1–10 1.75 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for October–December 2010, as set 

forth below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits 

* * * * * 

For valuation dates occurring in the months— 

The values of it are: 

it for t = it for t = it for t = 

*******

October–December 2010 ................................................. 0.0448 1–25 0.0451 >25 N/A N/A 

Issued in Washington, DC, on this 9th day 

of September 2010. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2010–22953 Filed 9–14–10; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0518] 

RIN 1625–AA08 

Special Local Regulations, Sabine 

River; Orange, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary Special Local 

Regulation in the Port Arthur Captain of 

the Port Zone on the Sabine River, 

Orange, Texas. This Special Local 

Regulation is intended to restrict vessels 

from portions of the Sabine River during 

the Thunder on the Sabine boat races. 

This Special Local Regulation is 

necessary to protect spectators and 

vessels from the hazards associated with 

powerboat races. 

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

on September 25, 2010, to 6 p.m. on 

September 26, 2010. This regulation 

will be enforced daily from 8 a.m. until 

6 p.m. on September 25 and 26, 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–2010–0518 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0518 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 Mr. Scott Whalen, Marine Safety 

Unit Port Arthur, TX, Coast Guard; 

telephone 409–719–5086, e-mail 

scott.k.whalen@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 July 15, 2010 we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations; 

Sabine River, Orange, TX in the Federal 

Register (75 FR 41119). We received no 

comments on the proposed rule. No 

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55969 

public meetings were requested and 

none were held. 

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 because delaying its effective 

date would be impracticable based on 

the dates the event is scheduled. This 

rule is needed to protect spectators and 

vessels from the hazards associated with 

powerboat races, which cannot 

practically be re-scheduled. 

Additionally, notice of the Coast 

Guard’s intent to create this regulation 

was provided by the NPRM, published 

more than 60 days before the scheduled 

event. The fact that no comments were 

received supports the conclusion that 

this temporary special local regulation 

is of minimal concern and will have 

minimal impact on the public. 

Basis and Purpose 

This temporary special local 

regulation is necessary to ensure the 

safety of vessels and spectators from 

hazards associated with a powerboat 

race. The Captain of the Port has 

determined that powerboat races in 

close proximity to watercraft and 

infrastructure pose significant risk to 

public safety and property. The likely 

combination of large numbers of 

recreation vessels, powerboats traveling 

at high speeds, and large numbers of 

spectators in close proximity to the 

water could easily result in serious 

injuries or fatalities. Establishing a 

special local regulation around the 

location of the race course will help 

ensure the safety of persons and 

property at these events and help 

minimize the associated risks. This 

special local regulation will be effective 

only for September 25th and 26th, 2010, 

and will be enforced only between 8 

a.m. and 6 p.m. on those days. 

Discussion of Comments and Changes 

No comments were received 

concerning this rule and the text of this 

rule remains as published in 75 FR 

41119. 

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 is unnecessary. 

The basis of this finding is that the 

safety zone will only be in effect for 10 

hours each day and notifications to the 

marine community will be made 

through broadcast notice to mariners 

and Marine Safety Information Bulletin. 

During non-enforcement hours all 

vessels will be allowed to transit 

through the safety zone without 

permission of the Captain of the Port, 

Port Arthur or a designated 

representative. Additionally, scheduled 

breaks will be provided to allow waiting 

vessels to transit safely through the 

regulated area. 

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 not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: (1) This rule will 

only be enforced from 8 a.m. until 6 

p.m. each day that it is effective; (2) 

during non-enforcement hours all 

vessels will be allowed to transit 

through the safety zone without having 

to obtain permission from the Captain of 

the Port, Port Arthur or a designated 

representative; and (3) vessels will be 

allowed to pass through the zone with 

permission of the Coast Guard Patrol 

Commander during scheduled break 

periods between races and at other 

times when permitted by the Coast 

Guard Patrol Commander. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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 (adjusted for 

inflation) 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. 

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 

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55970 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

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 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)(h), of the Instruction. This rule 

involves the establishment of a special 

local regulation. Based on our 

preliminary determination, there are no 

factors in this case that would limit the 

use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe that this rule 

should be categorically excluded from 

further environmental analysis. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a new temporary § 100.T08– 

2010–0518 to read as follows: 

§ 100.T08–2010–0518 Safety Zone; Sabine 

River, Orange, TX. 

(a) Definitions. As used in this section 

‘‘Participant Vessel’’ means all vessels 

officially registered with event officials 

to race or work in the event. These 

vessels include race boats, rescue boats, 

tow boats, and picket boats associated 

with the race. 

(b) Location. The following area is a 

safety zone: all waters of the Sabine 

River, shoreline to shoreline, adjacent to 

the Naval Reserve Unit and the Orange 

public boat ramps located in Orange, 

TX. The northern boundary is from the 

end of Navy Pier One at 30°05′45′′ N 

93°43′24′′ W then easterly to the rivers 

eastern shore. The southern boundary is 

a line shoreline to shoreline at latitude 

30°05′33′′ N. 

(c) Enforcement. This regulation will 

be enforced daily from 8 a.m. until 6 

p.m. on September 25 and 26, 2010. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 100.35 of this part, entry 

into this zone is prohibited to all vessels 

except participant vessels and those 

vessels specifically authorized by the 

Captain of the Port, Port Arthur or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the Captain of the Port, 

Port Arthur, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (409) 723–6500. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Port Arthur, 

designated representatives and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: August 17, 2010. 

Z.H. Pickett, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port, Port Arthur. 

[FR Doc. 2010–22933 Filed 9–14–10; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 147 

[Docket No. USCG–2010–0857] 

RIN 1625–AA00 

Safety Zone; VERMILION 380A at Block 

380 Outer Continental Shelf Fixed 

Platform in the Gulf of Mexico 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone around 

VERMILION 380A, a fixed platform, at 

Block 380 in the Outer Continental 

Shelf, approximately 90 miles south of 

Vermilion Bay, Louisiana. The fixed 

platform is on fire and the safety zone 

is needed to protect first responders 

attending to the fire and platform. 

Placing a safety zone around the 

platform will significantly reduce the 

threat of collisions, allisions, oil spills, 

and releases of natural gas, and thereby 

protect the safety of life, property, and 

the environment. 

DATES: This rule is effective in the CFR 

on September 15, 2010 through 

November 10, 2010. This rule is 

effective with actual notice for purposes 

of enforcement on September 2, 2010. 

This rule will remain in effect through 

November 10, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0857 and are available online by going 

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

USCG–2010–0857 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 

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