61096 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

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 that 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 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), 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 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Suspend § 117.911(f) from October 

4, 2010 until October 4, 2011. 

■ 3. From October 4, 2010 until October 

4, 2011 add § 117.911(g) to read as 

follows: 

§ 117.911 Atlantic Intracoastal Waterway, 

Little River to Savannah River. 

* * * * * 

(g) Lady’s Island Bridge, across the 

Beaufort River, Mile 536.0 at Beaufort. 

The draw shall operate as follows: 

(1) On Monday through Friday, except 

federal holidays: 

(i) From 7:15 a.m. to 8:59 a.m., 11:15 

a.m. to 12:59 p.m., and 4:15 p.m. to 5:59 

p.m. the draw need not open; and 

(ii) Between 9 a.m. to 11 a.m. and 1 

p.m. to 4 p.m., the draw need open only 

on the hour. 

(2) At all times other than those 

specified in (1) above, the draw shall 

open on signal. 

Dated: September 21, 2010. 

W.D. Baumgartner, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2010–24645 Filed 10–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0886] 

RIN 1625–AA00 

Regulated Navigation Area; Reserved 

Channel, Boston Harbor, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) in Boston Harbor, Reserved 

Channel, the Boston Marine Industrial 

Park and a portion of the Boston Inner 

Harbor shipping channel, Boston, 

Massachusetts, for the offload of six 

cranes from the barge CHICAGO 

BRIDGE to Conley Terminal in South 

Boston. This rule is intended to control 

entry to the Reserved Channel, establish 

operating conditions for those vessels 

allowed entry into the Reserved 

Channel and control the speed of all 

vessels transiting within the RNA. The 

RNA is necessary to protect participants 

and vessels from the hazards associated 

with the offload of these cranes. 

DATES: This rule is effective in the Code 

of Federal Regulations from October 4, 

2010 through November 15, 2010, and is 

effective with actual notice for purposes 

of enforcement beginning on September 

20, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0886 and are available online by going 

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

USCG–2010–0886 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 

Commander Pamela P. Garcia, 

Waterways Management Division, Coast 

Guard; telephone 617–223–3028, e-mail 

Pamela.P.Garcia@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. The Coast 

Guard was not provided with the 

logistics regarding the offload operation 

until September 8, 2010. This did not 

leave sufficient time to draft and 

publish an NPRM or take public 

comments, making prior notice and 

opportunity to comment impracticable 

without delaying the crane offloading. 

The crane offloading benefits a public 

agency, the Massachusetts Port 

Authority (Massport), and therefore it 

would be contrary to the public interest 

to delay the offloading to afford prior 

notice and opportunity to comment; it 

would also be contrary to the public 

interest to let the crane offloading 

proceed without establishing an RNA, 

because this would unnecessarily 

jeopardize public safety during the 

offloading. 

For the same reasons 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. 


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Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 61097 

Basis and Purpose 

This temporary rule establishes the 

Reserved Channel, the Boston Marine 

Industrial Park and a portion of the 

Boston Inner Harbor shipping channel, 

Boston, Massachusetts, as a Regulated 

Navigation Area while the barge 

CHICAGO BRIDGE conducts crane 

offload operations at Conley Terminal, 

Berth 12, for the benefit of the 

Massachusetts Port Authority, a public 

agency. The offload evolution requires a 

sea state no greater than 1 foot. This 

RNA intends to control the movement of 

vessels within the regulated area to a 

no-wake speed or bare steerage, and 

have all vessels maintain a minimum 

distance of 100 yards in all directions 

from the barge CHICAGO BRIDGE. The 

RNA will protect those conducting the 

crane offload operation and the general 

maritime public from the dangers 

inherent in such an evolution. The 

Captain of the Port (COTP) anticipates 

minimal negative impact on vessel 

traffic due to the implementation of this 

RNA. Public notifications will be made 

prior to and during the enforceable 

period of the area via Safety Marine 

Information Broadcast. 

Discussion of Rule 

This RNA has been established to 

safeguard the maritime public during 

the crane offload operation. The offload 

evolution is tide and weather dependent 

and requires two separate 12-hour 

periods to complete. These operational 

periods will be on two separate days, 

with at least a 48 hour break in between, 

determined to be the most suitable for 

safety to adjust equipment used to 

conduct the offload operations. If 

circumstances dictate and other 

operational periods are required, public 

notification will be made to the local 

maritime community through Local 

Notice to Mariners and Safety Broadcast 

Notice to Mariners. 

Due to the complexity and danger of 

the crane offload operation the Reserved 

Channel will be closed to those vessels 

that do not routinely conduct business 

within the Reserved Channel or 

maintain a permanent mooring that 

requires access through the channel. 

Deep-draft vessels not currently 

scheduled to call upon Conley terminal 

or Black Falcon terminal, properties 

owned by Massport, from September 20, 

2010 thru November 15, 2010, must 

coordinate arrival schedules with 

Massport as soon as possible and prior 

to authorization into the Reserved 

Channel. Vessels transiting the RNA 

must do so at such a speed as to 

maintain bare steerage or not cause a 

wake. Vessels transiting the Reserved 

Channel must also maintain a minimum 

distance of 100 yards in all directions 

from the barge CHICAGO BRIDGE. 

The barge must be moored 

perpendicular to Conley terminal for 

offload, thus partially blocking the 

entrance to the Reserved Channel to 

deep-draft vessels. The offload will be 

coordinated around the dynamic 

schedules of surrounding deep-draft 

vessels to provide for limited disruption 

to the maritime industry. Prior to the 

offload of the cranes, the Coast Guard 

will be provided with proposed dates 

and times for approval, which will 

determine the RNA enforcement period. 

The RNA enforcement period will be 

announced via Safety Marine 

Information Broadcast. There will be a 

picket vessel within the RNA to provide 

notice of the RNA as well as to control 

vessel speed, vessel access to the 

Reserved Channel and to prevent any 

vessel not involved in the crane offload 

evolution from approaching to within 

100 yards of the barge CHICAGO 

BRIDGE. 

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. 

The Coast Guard has determined that 

this rule is not a significant regulatory 

action for the following reasons: The 

RNA will be of limited duration, it 

covers only a small portion of the 

navigable waterway and vessel traffic 

can still transit within the RNA but at 

slow speed so as not to create a wake 

that would disrupt offload operations. 

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. This rule will be 

enforced only for two 12-hour periods, 

vessels will be able to continue to use 

the Boston Inner Harbor and the waters 

surrounding the Boston Marine 

Industrial Marine Park at such a speed 

as to maintain bare steerage or not cause 

a wake, and those vessels that routinely 

use the Reserved Channel will be able 

to continue to do so by passing safely 

around the barge CHICAGO BRIDGE at 

a minimum distance of 100 yards and at 

such a speed as to not cause a wake or 

maintain bare steerage. Before and 

during the enforcement periods, we will 

issue maritime advisories to users of 

Boston Harbor via the on-scene picket 

vessel as well as through Safety Marine 

Information Broadcasts. 

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. 


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61098 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

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 as this rule 

involves establishing a temporary RNA. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be 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 and 

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, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0886 to read as 

follows: 

§ 165.T01–0886 Regulated Navigation 

Areas: Reserved Channel, Boston Harbor, 

Boston, MA 

(a) Location. The following areas are 

Regulated Navigation Areas (RNAs): 

(1) All waters of the Reserved 

Channel, the Boston Marine Industrial 

Park and that portion of Boston Inner 

Harbor south of a line running from the 

North Jetty, at position 42°20′49′′ N, 

71°01′23.6′′ W, to Boston Main Channel 

Lighted Buoy 12 (LLNR 10920), and 

west of a line running from Boston Main 

Channel Lighted buoy 12 to Boston 

Main Channel Lighted buoy 8 (LLNR 

10905), and north of a line running from 

Boston Main Channel Lighted buoy 8 to 

Castle Island at position 42°20′21.1′′ N, 

71°00′35.1′′ W. 

(2) Boston Harbor, Boston, 

Massachusetts, from surface to bottom 

while barge CHICAGO BRIDGE is 

involved in offload operations. 

(b) Effective Period. This rule is 

effective from September 20, 2010, thru 

November 15, 2010. 

(c) Enforcement Period. This rule will 

be enforced during two separate 12-hour 

operational periods to be announced no 

less than 24 hours in advance via a 

Safety Marine Information Broadcast. If 

circumstances dictate and other 

operational periods are required, public 

notification will be made to the local 

maritime community through Local 

Notice to Mariners and Safety Broadcast 

Notice to Mariners. 

(d) Definition. As used in this section, 

‘‘authorized representative’’ means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel or a Federal, State, or local 

officer designated by or assisting the 

COTP. 

(e) Regulations. The following 

restrictions apply to the two 12-hour 

operational periods during which the 

RNA will be enforced: 

(1) Vessels must transit through the 

RNA at such a speed as to not cause a 

wake or maintain bare steerage; 

(2) Vessels that do not routinely 

conduct business within the Reserved 

Channel or maintain a permanent 

mooring which requires access through 

the Reserved Channel are not authorized 

within that portion of the RNA that lies 

within the Reserved Channel; 

(3) Deep-draft vessels not currently 

scheduled to call upon Conley terminal 

or Black Falcon terminal from 

September 20, 2010 thru November 15, 

2010 must coordinate arrival schedules 

with the Massachusetts Port Authority 

as soon as possible and prior to 


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Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 61099 

authorization into that portion of the 

RNA that lies within the Reserved 

Channel; and 

(4) Vessels allowed to transit the 

Reserved Channel must maintain a 

minimum distance of 100 yards in all 

directions from barge CHICAGO 

BRIDGE. 

Dated: September 17, 2010. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–24773 Filed 10–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0821] 

RIN 1625–AA87 

Security Zones; Captain of the Port 

Buffalo Zone; Technical Amendment 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

the contact information for Marine 

Safety Detachment Massena in the 

regulation establishing the process for 

getting permission to transit the security 

zones at Moses-Saunders Nuclear Power 

Dam, and Long Sault Spillway Dam. 

This action is necessary because the 

telephone number is incorrect, and this 

action will ensure the ability of persons 

or vessels to gain permission to transit 

these areas. 

DATES: This rule is effective October 4, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0821 and are available online by going 

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

USCG–2010–0821 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 rule, call or 

e-mail MSSD2 John Maurer, Marine 

Safety Detachment Massena, Coast 

Guard; telephone (315) 769–5483, 

e-mail John.A.Maurer@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 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 notice 

and comment is unnecessary. This rule 

is minor and merely technical in nature 

in that it simply amends a telephone 

number for the point of contact at 

Marine Safety Detachment Massena. 

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 

delaying the effective date is 

unnecessary. This rule is minor and 

merely technical in nature in that it 

simply amends a telephone number for 

the point of contact at Marine Safety 

Detachment Massena. 

Background and Purpose 

The Captain of the Port Buffalo has 

previously established a security zone 

in the vicinity of Moses-Saunders Power 

Dam and the Long Sault Spillway Dam. 

This security zone exists in 33 CFR 

165.911. Persons desiring to transit the 

area of the Moses-Saunders Power Dam 

and the Long Sault Spillway Dam must 

contact the Supervisor, Marine Safety 

Detachment Massena. Currently, 33 CFR 

165.911 provides an incorrect telephone 

number for the Supervisor, Marine 

Safety Detachment Massena. 

Discussion of Rule 

The Captain of the Port Buffalo is 

publishing this final rule to correct the 

telephone number currently published 

in 33 CFR 165.911 for the Supervisor, 

Marine Safety Detachment Massena. 

This correction is necessary so that the 

public may contact the appropriate 

Coast Guard office to receive permission 

to transit the security zones in the area 

of the Moses-Saunders Power Dam and 

the Long Sault Spillway Dam. 

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. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

because it is only a correction of the 

contact information in the previous rule, 

not a substantive change of the 

regulation. 

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 have no effect on small 

entities because it is purely minor and 

technical in nature in that it merely 

corrects the telephone number for the 

point of contact at Marine Safety 

Detachment Massena. 

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 


erowe on DSK5CLS3C1PROD with RULES