Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57857 

1976. U.S. Department of Labor. August 

11, 1993. 229 pages. 

MSHA. 1982. Report of Investigation 

Underground Coal Mine Dust Explosion. 

No. 11 Mine ID No. 15–02290, Adkins 

Coal Company, Kite, Knott County, 

Kentucky. December 7, 1981. U.S. 

Department of Labor. 60 Pages. 

MSHA. 1982. Report of Investigation 

Underground Coal Mine Dust Explosion. 

No. 1 Mine ID No. 15–12624, RFH Coal 

Company, Craynor, Floyd County, 

Kentucky. January 20, 1982. U.S. 

Department of Labor, 53 pages. 

MSHA. 1993. Report of Investigation 

Underground Coal Mine Explosion. #3 

Mine ID No. 44–06594, Southmountain 

Coal Co., Inc, Norton, Wise County, 

Virginia. December 7, 1992. U.S. 

Department of Labor. May 6, 1993. 67 

Pages. 

MSHA. 1995. Report of Investigation 

Underground Coal Mine Explosion. No. 

9 Mine ID No. 15–16418, Day Branch 

Coal Company, Inc., Pathfork, Harlan 

County, Kentucky. May 11, 1994. U.S. 

Department of Labor, May 26, 1995. 49 

Pages. 

MSHA. 2001. Report of Investigation Fatal 

Underground Coal Mine Explosions. No. 

5 Mine Jim Walter Resources, Inc. Brook 

Wood, Tuscaloosa County, Alabama, ID 

NO. 01–01322. U.S. Department of 

Labor, December 11, 2002. 125 Pages. 

NIOSH. 2009. Recent Coal Dust Particle Size 

Surveys and the Implications for Mine 

Explosions. (74 FR 42317) August 21, 

2009. 

Sunstein C. 2004. Valuing Life: A Plea for 

Disaggregation. Duke Law Journal, 54 

(November 2004): 385–445. 

U.S. Bureau of Economic Analysis (2010). 

National Income and Product Accounts 

Table: Table 1.1.9. Implicit Price 

Deflators for Gross Domestic Product 

[Index numbers, 2005=100]. Revised 

May 27, 2010. http://www.bea.gov/ 

national/nipaweb/TableView.asp?

SelectedTable=13&Freq=Qtr&First

Year=2006&LastYear=2008. 

Viscusi, W. & Aldy, J (2003) ‘‘The Value of 

a Statistical Life: A Critical Review of 

Market Estimates Throughout the 

World’’, Journal of Risk and Uncertainty, 

(27:5–76). 

X. Emergency Temporary Standard— 

Regulatory Text 

List of Subjects in 30 CFR Part 75 

Mine safety and health, Underground 

coal mines, Combustible materials and 

rock dusting. 

Joseph A. Main, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

■ Chapter I of Title 30, part 75 of the 

Code of Federal Regulations is amended 

as follows: 

PART 75—SAFETY STANDARDS FOR 

UNDERGROUND COAL MINES 

■ 1. The authority citation for part 75 

continues to read as follows: 

Authority: 30 U.S.C. 811, 864. 

■ 2. Revise § 75.403 to read as follows: 

§ 75.403 Maintenance of incombustible 

content of rock dust. 

Where rock dust is required to be 

applied, it shall be distributed upon the 

top, floor, and sides of all underground 

areas of a coal mine and maintained in 

such quantities that the incombustible 

content of the combined coal dust, rock 

dust, and other dust shall be not less 

than 80 percent. Where methane is 

present in any ventilating current, the 

percent of incombustible content of 

such combined dust shall be increased 

0.4 percent for each 0.1 percent of 

methane. 

[FR Doc. 2010–23789 Filed 9–21–10; 11:15 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0705] 

RIN 1625–AA00 

Safety Zone; Blue Angels at Kaneohe 

Bay Air Show, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

while the U.S. Navy Blue Angels 

Squadron conducts aerobatic 

performances over Kaneohe Bay, Oahu, 

Hawaii. These safety zones are 

necessary to protect watercraft and the 

general public from hazards associated 

with the U.S. Navy Blue Angels aircraft 

low flying, high powered jet aerobatics 

over open waters. 

DATES: This rule is effective from 9 a.m. 

on September 24, 2010, through 7 p.m. 

on September 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–2010–0705 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0705 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 temporary 

rule, call or e-mail Lieutenant 

Commander Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–842–2600, e-mail 

Marcella.A.Granquist@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 August 18, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled: Safety Zone; Blue Angels at 

Kaneohe Bay Air Show, Oahu, HI in the 

Federal Register (75 FR 159). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was 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 the duration to 

complete meetings with local 

stakeholders, required before a safety 

zone could be designated, did not afford 

the time needed before the rulemaking 

process could be completed to protect 

watercraft and the general public from 

hazards associated with the U.S. Navy 

Blue Angels aerial aerobatics. 

Basis and Purpose 

On July 20, 2010, Kaneohe Bay Air 

Show 2010 coordinators informed the 

U.S. Coast Guard of a State of Hawaii 

approved Air Show plan that include an 

aerial performance ‘‘show box’’ 

extending beyond the Kaneohe Bay 

Naval Defensive Sea Area (NDSA) as 

established by Executive Order No. 8681 

of February 14, 1941. Within this ‘‘show 

box’’, the U.S. Navy Blue Angels 

Squadron will conduct aerobatic 

performances, exhibiting their aircraft’s 

maximum performance capabilities, 

over Kaneohe Bay, Oahu, Hawaii during 

a 3-day period. Taking into account the 

hazards associated within this ‘‘show 

box’’ during the Squadron’s high 

powered, multiple jet aircraft 

performances, and that Kaneohe Bay 

normally experiences heavy waterway 

traffic during weekends, two safety 

zones for the portions of the ‘‘show box’’ 

that extend beyond the Kaneohe Bay 

NDSA was determined to be appropriate 

by the Captain of the Port so as to 

ensure the safety of all watercraft and 

the general public during the 

performances. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
57858 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

Discussion of Comments and Changes 

As planning for the event developed, 

it was suggested that the best course of 

action would be to modify the 

temporary safety zones, by moving the 

‘‘show box’’ northeast, to ensure 

channels within Kaneohe Bay remained 

open during the Blue Angels’ 

performance. The Coast Guard believes 

that the slightly modified area is better 

suited to accommodating the needs of 

the air show and safeguarding the 

public. Consequently, the two safety 

zones were moved slightly but remain 

intact to cover the areas of the required 

‘‘show box’’ that fall outside of the 

NDSA. The coordinates for the two 

temporary safety zones are now as 

follows: (1) Southwest of Mokapu 

Peninsula: The NDSA extending from 

21°26.449 N, 157°47.071 W then 

Southeast to 21°26.270 N, 157°46.895 W 

then Northwest at a bearing of 51° True 

to the NDSA. (2) North of Mokapu 

Peninsula: The NDSA extending 

Northeast to position 21°27.943 N, 

157°44.953 W then Southeast to 

21°28.251 N, 157°44.880 W then South 

at a bearing of 239° True to the NDSA. 

Even with the modifications, we note 

that transit through Kaneohe Bay, the 

Sampan Channel and Kaneohe Bay 

Entrance Channel will remain open. 

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 within the two temporary 

safety zones, the effect of this rule will 

not be significant because watercraft 

will be able to transit around without 

restriction. Furthermore, watercraft will 

be able to transit through the safety 

zones with permission from the 

Honolulu Captain of the Port. 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

While the temporary safety zones are 

being enforced, watercraft will be able 

to transit freely around the zones. 

Furthermore, watercraft will be allowed 

to transit through the temporary safety 

zones if permission to enter is granted 

by the Honolulu Captain of the Port. 

Before the effective period, we will 

issue daily maritime advisories and 

widely available to users of the area 

including VHF Channel 16. 

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. 

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 would call 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 

would 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57859 

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)(g), of the Instruction. This rule 

involves the establishment of two 

temporary safety zones for daily 

offshore Blue Angels performances 

permitted as a marine event. 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 is amending 

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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–210 to read as 

follows: 

§ 165.T14–210 Safety Zone; Blue Angels at 

Kaneohe Bay Air Show, Oahu, Hawaii. 

(a) Location. The following areas, 

consisting of all waters contained 

within an area of one box on the 

southwest side and one box on the north 

side of the Kaneohe Bay Naval 

Defensive Sea Area (NDSA) as 

established by Executive Order No. 8681 

of February 14, 1941, in Kaneohe Bay, 

Oahu, Hawaii, are temporary safety 

zones. This safety zone extends from the 

surface of the water to the ocean floor. 

These coordinates are based upon the 

National Oceanic and Atmospheric 

Administration Coast Survey, Pacific 

Ocean, Oahu, Hawaii, chart 19359. 

(1) Southwest of Mokapu Peninsula: 

The NDSA extending from 21°26.449 N, 

157°47.071 W then Southeast to 

21°26.270 N, 157°46.895 W then 

Northwest at a bearing of 51°True to the 

NDSA. 

(2) North of Mokapu Peninsula: The 

NDSA extending Northeast to position 

21°27.943 N, 157°44.953 W then 

Southeast to 21°28.251 N, 157°44.880 W 

then South at a bearing of 239° True to 

the NDSA. 

(b) Regulations. (1) Entry into or 

remaining in the temporary safety zones 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the Honolulu Coast Guard Captain of 

the Port. 

(2) Persons desiring to transit in the 

safety zones may contact the Honolulu 

Captain of the Port on VHF channel 16 

(156.800 MHz), or at telephone numbers 

808–842–2600 or 808–563–9906 to seek 

permission to transit the area. If 

permission is granted, all persons and 

watercraft must comply with the 

instructions of the Honolulu Captain of 

the Port or her designated 

representative. 

(c) Effective period. This rule is 

effective from 9 a.m. local (HST) time 

September 24, 2010, through 7 p.m. 

local (HST) time September 26, 2010. 

This rule will be enforced daily between 

the hours of 9 a.m. local (HST) time to 

7 p.m. local (HST) time during 

September 24–26, 2010. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person or vessel may 

enter or remain in either zone except for 

support vessels/aircraft and support 

personnel, or other watercraft 

authorized by the Honolulu Captain of 

the Port or her designated 

representatives. 

(e) Penalties. Vessels or persons 

violating this rule would be subject to 

the penalties set forth in 33 U.S.C. 1232 

and 50 U.S.C. 192. 

Dated: September 8, 2010. 

J.M. Nunan, 

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

Port Honolulu. 

[FR Doc. 2010–23768 Filed 9–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN21 

Specially Adapted Housing and 

Special Home Adaptation 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as a final rule its 

proposal to amend its adjudication 

regulations regarding specially adapted 

housing and special home adaptation 

grants. This final rule incorporates 

certain provisions from the Veterans 

Benefits Act of 2003, the Veterans 

Benefits Improvement Act of 2004, the 

Veterans’ Housing Opportunity and 

Benefits Improvement Act of 2006, and 

the Housing and Economic Recovery 

Act of 2008. These amendments are 

necessary to conform the regulations to 

the statutory provisions. 

DATES: This final rule is effective 

October 25, 2010. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

detailed information regarding the 

applicability dates of this final rule. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9739. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on December 18, 2009, (74 FR 

67145), VA proposed to amend its 

regulations pertaining to eligibility for 

specially adapted housing (SAH) grants 

and special home adaptation (SHA) 

grants. The public comment period 

ended on February 16, 2010, and VA 

received no comments. Therefore, VA is 

adopting the proposed rule as a final 

rule. However, we are making one 

change from the proposed rule. We are 

inserting ‘‘rated as permanent and total’’ 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1