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 


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61100 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

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)(a), of the Instruction. This rule 

involves an editorial revision to a 

regulation to update a telephone 

number. 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 record keeping 

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. 

Chapters 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. In § 165.911, revise paragraph (b)(2) 

to read as follows: 

§ 165.911 Security Zones; Captain of the 

Port Buffalo Zone. 

* * * * * 

(b) * * * 

(2) Persons or vessels desiring to 

transit the area of the Nine Mile Point 

and Fitzpatrick Nuclear Power Plants or 

Ginna Nuclear Power Plant security 

zones must contact the Captain of Port 

Buffalo at telephone number (716) 843– 

9570, or on VHF/FM channel 16 to seek 

permission to transit the area. Persons 

desiring to transit the area of MosesSaunders Power Dam or Long Sault 

Spillway Dam security zones must 

contact the Supervisor, Marine Safety 

Detachment Massena at telephone 

number (315) 769–5483, or on VHF/FM 

channel 16 to seek permission to transit 

the area. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the Captain of the 

Port or his or her designated 

representative. 

* * * * * 

Dated: September 16, 2010. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. 2010–24774 Filed 10–1–10; 8:45 am] 

BILLING CODE 9110–04–P 


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