63086 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

inseminated at the immediately 

preceding estrus. 

(iii) Limitations. Do not use in beef or 

dairy heifers of insufficient size or age 

for breeding or in animals with 

abnormal, immature, or infected genital 

tracts. Do not use in beef cows that are 

fewer than 20 days postpartum. Do not 

use an insert more than once. To 

prevent the potential transmission of 

venereal and bloodborne diseases, the 

inserts should be disposed after a single 

use. Administration of vaginal inserts 

for periods greater than 7 days may 

result in reduced fertility. Dinoprost 

solution provided by No. 000009 in 

§ 510.600(c) of this chapter. 

* * * * * 

Dated: October 8, 2010. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 2010–25893 Filed 10–13–10; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0912] 

Drawbridge Operation Regulations; 

Duluth Ship Canal (Duluth-Superior 

Harbor). 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: Commander, Ninth Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Duluth Ship Canal 

Aerial Bridge at Mile 0.1 over the 

Duluth Ship Canal, at Duluth, MN, for 

scheduled maintenance. During this 

temporary deviation the bridge will be 

secured to masted navigation. Vessels 

that can pass under the bridge without 

an opening may do so at any time. 

DATES: This deviation is effective from 

6 a.m. on January 14, 2011 to 10 a.m. 

on March 14, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0912 and are available online by going 

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

USCG–2010–0912 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 Mr. Lee D. Soule, Bridge 

Management Specialist, Ninth Coast 

Guard District; telephone 216–902– 

6085, e-mail; lee.d.soule@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The City 

of Duluth, MN, who owns and operates 

this drawbridge, has requested a 

temporary deviation from the current 

operating regulations set forth in 33 CFR 

117.661. The purpose of this request is 

to facilitate structural maintenance of 

the bridge superstructure. The bridge is 

normally required to open if at least 24 

hours advance notice is provided during 

the scheduled maintenance period. 

Vessels that can pass under the bridge 

without an opening may do so at any 

time. The bridge has a horizontal 

clearance of 300 feet and a vertical 

clearance of 15 feet in the closed 

position. Mariners that require passage 

between the harbor and Lake Superior 

with an air draft greater than 15 feet 

may use the Superior Entrance Channel, 

Superior, Wisconsin at any time. Impact 

to masted navigation is mitigated by the 

close proximity of an alternate route and 

the reduced navigational needs in the 

harbor during the winter. The most 

updated and detailed marine 

information for this event, and all bridge 

operations, is found in the Local Notice 

to Mariners and Broadcast Notice to 

Mariners issued by the Coast Guard. 

From 6 a.m. on January 14, 2011 to 10 

a.m. on March 14, 2011 the bridge need 

not open for any vessel. In accordance 

with 33 CFR 117.35(e), the drawbridge 

must return to its regular operating 

schedule immediately at the end of the 

designated time period. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 28, 2010. 

Scot M. Striffler, 

Bridge Program Manager, Ninth Coast Guard 

District. 

[FR Doc. 2010–25805 Filed 10–13–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0873] 

RIN 1625–AA00 

Great Mississippi Balloon Race and 

Fireworks Safety Zone; Lower 

Mississippi River, Mile Marker 365.5 to 

Mile Marker 363, Natchez, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Lower Mississippi 

River from mile marker 365.5 to 363 

extending the entire width of the river. 

This safety zone is needed to protect 

persons and vessels from the potential 

safety hazards associated with a 

fireworks display and low flying hot air 

balloons transiting across the Lower 

Mississippi River. Entry into this zone 

is prohibited to all vessels, mariners, 

and persons unless specifically 

authorized by the Captain of the Port 

(COTP) Lower Mississippi River or a 

designated representative. The COTP 

Lower Mississippi River or a designated 

representative must authorize vessels 

that desire to operate in this zone. 

DATES: This rule is effective from 7:15 

p.m. on October 15, 2010, until 6 p.m. 

on October 16, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0873 and are available online by going 

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

USCG–2010–0873 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 Junior 

Grade Jason Erickson, Coast Guard; 

telephone 901–521–4753, e-mail 

Jason.A.Erickson@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63087 

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. Publishing an 

NPRM would be impracticable in this 

situation because immediate action is 

needed to protect the participants in the 

fireworks display, spectators, and 

mariners from the safety hazards 

associated with a fireworks display and 

low flying hot air balloons transiting 

over a confined 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. This is because immediate 

action is needed to protect the 

participants in the fireworks display, 

spectators, and mariners from the safety 

hazards associated with a fireworks 

display and low flying hot air balloons 

transiting over a confined waterway. 

Basis and Purpose 

On September 13, 2010, the Coast 

Guard received an Application for 

Approval of Marine Event for a 

fireworks display and a hot air balloon 

race on the Lower Mississippi River. 

This safety zone is needed to protect 

participants, spectators, and other 

mariners from the possible hazards 

associated with a fireworks show and 

hot air balloon race taking place on the 

Lower Mississippi River. The fallout 

zone extends into the navigable channel 

of the river. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone for the 

Mississippi River, extending from mile 

marker 363 to mile marker 365.5. Entry 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Lower Mississippi River or a 

designated representative. 

The Captain of the Port may be 

contacted by telephone at (901) 521– 

4822. This rule will be enforced from 

7:15 p.m. until 8:45 p.m., local time, on 

October 15, 2010 and from 4:15 p.m. 

until 6 p.m., local time, on October 16, 

2010. 

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. 

This regulation will only be in effect 

for a short period of time on both days 

and notifications to the marine 

community will be made through 

broadcast notice to mariners. The 

impacts on routine navigation are 

expected to be minimal. 

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 the Lower 

Mississippi River between mile marker 

363 and mile marker 365.5, effective 

from 7:15 p.m. to 8:45 p.m., local time, 

on October 15, 2010 and 4:15 p.m. to 

6 p.m., local time, on October 16, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because this rule will only be in effect 

for two hours on each day the event is 

occurring. In addition, the common 

vessel traffic in this area is limited 

almost entirely to recreational vessels 

and commercial towing vessels. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 


emcdonald on DSK2BSOYB1PROD with RULES
63088 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

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. This rule 

involves a fireworks display that is not 

expected to result in any significant 

adverse environmental impact as 

described in NEPA. 

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. 0170.1. 

■ 2. A new temporary § 165.T08–0873 is 

added to read as follows: 

§ 165.T08–0873 Great Mississippi Balloon 

Race and Fireworks Safety Zone; the 

Mississippi River, extending from mile 

marker 363 to mile marker 365.5, in the 

vicinity of Natchez, MS. 

(a) Location. The following area is a 

safety zone: those waters of the Lower 

Mississippi River, beginning at mile 

marker 363 and ending at mile marker 

365.5, extending the entire width of the 

river. 

(b) Enforcement Period. This section 

will be enforced from 7:15 p.m. to 8:45 

p.m., local time, on October 15, 2010 

and from 4:15 p.m. to 6 p.m., local time, 

on October 16, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Lower Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Lower Mississippi River or a 

designated representative. They may be 

contacted on VHF–FM channels 16 or 

by telephone at (901) 521–4822. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Lower Mississippi 

River and designated personnel. 

Designated personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Informational Broadcasts. The 

Captain of the Port, Lower Mississippi 

River will inform the public when safety 

zones have been established via 

Broadcast Notice to Mariners. 

Dated: September 16, 2010. 

Michael Gardiner, 

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

Port, Lower Mississippi River. 

[FR Doc. 2010–25804 Filed 10–13–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2009–0052; 

70101–1261–0000L6] 

RIN 1018–AW77 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart B; 

Special Actions 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations that manage the taking of 

wildlife and fish in Alaska for 

subsistence purposes. In particular, the 

Federal Subsistence Board’s (Board) 

process of accepting and addressing 

special action requests is clarified, along 

with the role of the Regional Advisory 

Councils in the special action process. 


emcdonald on DSK2BSOYB1PROD with RULES