65236 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

Dated: August 23, 2010. 

J.J. Plunkett, 

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

Port, Port Arthur. 

[FR Doc. 2010–26670 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0846] 

RIN 1625–AA87 

Security Zone, in the Vicinity of the 

Michoud Slip Position 30≥0′34.2′′ N, 

89≥55′40.7′′ W to Position 30≥0′29.5′′ N, 

89≥55′52.6′′ W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Captain of the Port of 

New Orleans, under the authority of the 

Magnuson Act, 33 CFR 165.30 and 

165.33, has established a security zone 

in the vicinity of the Michoud Slip 

encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W to 

position 30°0′29.5′′ N, 89°55′52.6′′ W 

across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

DATES: This rule is effective in the CFR 

from October 22, 2010 through 

December, 31, 2010. This rule is 

effective with actual notice for purposes 

of enforcement from September 11, 

2010, at 12 noon, through December 31, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0846 and are available online by going 

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

USCG–2010–0846 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 (LCDR) Eva VanCamp, 

Sector New Orleans, Coast Guard; 

telephone 504–365–2392, e-mail 

Eva.VanCamp@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 because it 

would be impracticable and contrary to 

public interest to delay the rule. 

Immediate action is necessary to protect 

the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature. 

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 security zone is needed to 

protect the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature. Additional notice is 

impracticable and contrary to public 

interest. 

Basis and Purpose 

An investigation associated with the 

Deepwater Horizon incident is currently 

taking place in the vicinity of Michoud 

Slip. A security zone has been 

established encompassing the entire slip 

from position 30°0′34.2′′ N, 89°55′40.7′′ 

W to position 30°0′29.5′′ N, 89°55′52.6′′ 

W across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

Discussion of Rule 

The Coast Guard has established 

several safety and security zones in 

South Louisiana to protect vessels and 

facilities engaged in operations 

associated with the Deepwater Horizon 

incident. This security zone is in 

addition to those safety and security 

zones and adds additional requirements 

which are needed to ensure the safety of 

evidence needed for the investigation of 

the incident. This security zone is 

necessary to protect the Deepwater 

Horizon blowout preventer and adjacent 

piers and infrastructure from 

destruction, loss or injury from sabotage 

or other subversive acts, accidents or 

other causes of a similar nature. 

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. 

It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). Due to its location 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 in the 

vicinity of Michoud Slip, encompassing 


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Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 65237 

the entire slip from position 30°0′34.2′′ 

N, 89°55′40.7′′ W to position 30°0′29.5′′ 

N, 89°55′52.6′′ W across the mouth of 

the slip. This security zone will not 

have significant impact on a substantial 

number of small entities because of its 

location. If you are a small business 

entity and are significantly affected by 

this regulation please contact Lieutenant 

Commander (LCDR) Eva VanCamp, 

Sector New Orleans, at 504–365–2392, 

or e-mail Eva.VanCamp@uscg.mil. 

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 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 affect 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 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. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be uploaded to 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; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.06–1, 6.05–6 and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T08–0846 is 

added to read as follows: 

§ 165.T08–0846 Security Zone, in the 

Vicinity of the Michoud Slip. 

(a) Location. The area in the vicinity 

of Michoud Slip, encompassing the 

entire slip from position 30°0′34.2′′ N, 

89°55′40.7′′ W. to position 30°0′29.5′′ N, 

89°55′52.6′′ W. across the mouth of the 

slip is a security zone. 


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65238 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

(b) Enforcement period. This section 

will be enforced from September 11, 

2010, at 12 noon, through December 31, 

2010. 

(c) Regulations. (1) In accordance with 

the general regulation in § 165.33 of this 

part, vessels are prohibited from 

transiting in the vicinity of Michoud 

Slip, encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W. to 

position 30°0′29.5′′ N, 89°55′52.6′′ W. 

across the mouth of the slip. 

(2) Persons or vessels requiring 

deviations from this rule must request 

permission from the Captain of the Port 

New Orleans. The Captain of the Port 

New Orleans may be contacted at 

telephone (504) 365–2543. 

(3) All persons and vessels obtaining 

permission to enter the security zone 

established in paragraph (a) of this 

section must comply with the 

instructions of the Captain of the Port 

New Orleans and designated personnel. 

Designated personnel include 

commissioned, warrant and petty 

officers of the U.S. Coast Guard assigned 

to units under the operational control of 

USCG Sector New Orleans. 

Dated: September 10, 2010. 

E.M. Stanton, 

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

Port New Orleans. 

[FR Doc. 2010–26673 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 36 

RIN 2900–AN71 

Loan Guaranty: Elimination of 

Redundant Regulations; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; technical correction. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a document in 

the Federal Register on June 15, 2010 

(75 FR 33704), amending its loan 

guaranty regulations to eliminate 

redundant regulations following the 

phase-in of a new electronic reporting 

system. At that time, we failed to update 

the cross-reference citations within the 

redesignated sections. This document 

corrects those sections by replacing the 

incorrect cross-reference citations with 

the updated, accurate cross-references. 

These nonsubstantive changes are made 

for clarity and accuracy. 

DATES: Effective Date: October 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William White, Acting Assistant 

Director for Loan Processing and 

Valuation (262), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9543. 

SUPPLEMENTARY INFORMATION: On June 

15, 2010 (75 FR 33704), VA amended 38 

CFR part 36 to eliminate redundant and 

obsolete regulations found at 38 CFR 

36.4300 through 36.4393 (the ‘‘36.4300 

series’’). VA redesignated regulations 

that had previously been published at 

38 CFR 36.4800 through 36.4893 (the 

‘‘36.4800 series’’) to replace the 36.4300 

series in its entirety. 

With this action, VA is amending the 

36.4300 series regulations to update 

remaining internal cross-references to 

the 36.4800 series regulations. This 

action is necessary because the 36.4800 

series has been removed from 38 CFR 

part 36, making the current cross 

reference citations to the series obsolete. 

VA is amending each citation by simply 

replacing the numbers ‘‘48’’ with ‘‘43’’ 

(e.g., changed the reference to § 36.4860 

to read § 36.4360.) 

For the convenience of the reader, we 

have included a redesignation table that 

shows each affected section, the cross 

reference that is removed, and the new 

cross reference that is added in its place. 

Administrative Procedure Act 

This final rule is only a technical 

correction to the interior crossreferences within these regulations. 

Accordingly, it is exempt from the prior 

notice-and-comment and delayedeffective-date requirements of 5 U.S.C. 

553. 

List of Subjects in 38 CFR Part 36 

Condominiums, Housing, Veterans 

with disabilities, Loan programs— 

housing and community development, 

Loan programs—veterans, Grant 

program—veterans, Manufactured 

homes, Mortgage insurance, Reporting 

and recordkeeping requirements, 

Veterans. 

Approved: October 18, 2010. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

■ For the reasons set forth in the 

preamble, 38 CFR part 36 is corrected by 

making the following correcting 

amendments: 

PART 36—LOAN GUARANTY 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and as otherwise 

noted. 

§§ 36.4301, 36.4302, 36.4303, 36.4306, 

36.4307, 36.4309, 36.4310, 36.4312, 36.4313, 

36.4314, 36.4315, 36.4316, 36.4317, 36.4319, 

36.4320, 36.4322, and 36.4323 [Amended] 

■ 2. In the table below, for each section 

indicated in the left column, remove the 

cross-reference indicated in the middle 

column from wherever it appears in the 

section, and add the cross-reference 

indicated in the right column: 

REDESIGNATION TABLE

Amended sections: Remove cross-reference citations: Add, in its place, new cross-reference 

citations: 

§ 36.4301 ............................................................ §§ 36.4860 through 36.4865 ............................ §§ 36.4360 through 36.4365. 

§ 36.4301 ............................................................ § 36.4801 .......................................................... § 36.4301. 

§ 36.4301 ............................................................ §§ 36.4800 through 36.4893 ............................ §§ 36.4300 through 36.4393. 

§ 36.4301 ............................................................ § 36.4814 .......................................................... § 36.4314. 

§ 36.4301 ............................................................ § 36.4823 .......................................................... § 36.4323. 

§ 36.4301 ............................................................ § 36.4819 .......................................................... § 36.4319. 

§ 36.4301 ............................................................ § 36.4818 .......................................................... § 36.4318. 

§ 36.4301 ............................................................ § 36.4824(a) ..................................................... § 36.4324(a). 

§ 36.4301 ............................................................ § 36.4814 .......................................................... § 36.4314. 

§ 36.4302(e) ........................................................ § 36.4803(g) ..................................................... § 36.4303(g). 

§ 36.4302(g) ........................................................ § 36.4803 .......................................................... § 36.4303. 

§ 36.4302(h) ........................................................ § 36.4815 .......................................................... § 36.4315. 

§ 36.4303(a)(2) ................................................... § 36.4801 .......................................................... § 36.4301. 

§ 36.4303(a)(2) ................................................... § 36.4804 .......................................................... § 36.4304. 

§ 36.4303(d)(3) ................................................... § 36.4801(c) ..................................................... § 36.4301(c). 

§ 36.4303(d)(3) ................................................... § 36.4804 .......................................................... § 36.4304. 


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