67216 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

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)(h), of the Instruction. This rule 

involves implementation of regulations 

in 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 

Under figure 2–1, paragraph (34)(h), 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T05– 

0813 to read as follows: 

§ 100.35–T05–0813 Wrightsville Channel, 

Wrightsville Beach, NC. 

(a) Regulated area. The regulated area 

is established for the waters of Banks, 

Motts and Wrightsville Channels, 

adjacent to Wrightsville Beach, NC, 

from the southern tip of Wrightsville 

Beach approximate position latitude 

34°11′15′′ N, longitude 077°48′51′′ W, 

thence northeast to Seapath Marina, 

Wrightsville Beach, NC. Approximate 

position latitude 34°11′45′′ N, longitude 

077°48′27′′ W. All coordinates reference 

Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any person 

or vessel assigned or approved by 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

(3) Participant includes all swimmers 

and support vessels participating in the 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’ under the auspices 

of the marine event permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector North 

Carolina. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander. 

No person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Enforcement Period. This section 

will be enforced from 7 a.m. to 11 a.m. 

on November 13, 2010. 

Dated: October 15, 2010. 

A. Popiel, 

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

Port North Carolina. 

[FR Doc. 2010–27590 Filed 11–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2010–0693] 

RIN 1625–AA11 

Regulated Navigation Area; Greenville 

Bridge Demolition, Lower Mississippi 

River Mile 531.3, AR, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) for all waters of the Lower 

Mississippi River beginning at mile 528 

and ending at mile 535 extending the 

entire width of the waterway in 

Arkansas and Mississippi. Vessels will 

not be permitted to be in this area at 

certain times during the demolition of 

the Greenville Bridge, Lower 

Mississippi River Mile 531.3. 

Additionally, vessels will not be 

allowed to meet or pass in the RNA and 

must proceed at a minimum safe speed. 

This RNA is needed to protect 

personnel and vessels from the potential 

safety hazards during the demolition of 

the Greenville Bridge, Lower 

Mississippi River Mile 531.3. 

DATES: This rule is effective in the CFR 

from November 2, 2010 through 

November 1, 2012. This rule is 

enforceable with actual notice for the 

purposes of enforcement from October 

22, 2010 through November 1, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0693 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2010–0693 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0693 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 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 67217 

rule, call or e-mail Chief Warrant Officer 

David Bear, Sector Lower Mississippi 

River Waterways Management Branch, 

Coast Guard; telephone 866–777–2784, 

e-mail: David.M.Bear@USCG.MIL. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

You are welcome to participate in this 

rulemaking by submitting comments 

and related materials. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0693), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0693’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–XXXX– 

XXXX’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim 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 

the public interest due to the amount of 

notification received by the Coast Guard 

and the contractually imposed 

demolition timeline. The new 

Greenville Bridge was completed and 

opened to traffic July 28, 2010 about a 

year behind schedule. The Coast Guard 

received notice of the demolition plan 

and required timeline for the old bridge 

in late July 2010 and promptly 

completed its required review and 

approval of the plan by mid August 

2010, leaving insufficient time to 

complete the NPRM process before the 

initial demolition start date. Delaying or 

rescheduling the demolition is 

impracticable because the Mississippi 

Department of Transportation contract 

requires complete removal by early June 

2011 and the delayed new bridge 

completion has already caused 

demolition delays. Therefore, sufficient 

time to publish a NPRM is not available 

and immediate action is needed to 

protect the personnel, vessels and 

mariners associated with and/or present 

during the demolition process. 

Under 5 U.S.C. 553(d)(3), based on the 

contractually imposed timeline and the 

notification received by the Coast Guard 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. The 

demolition timeline presented to the 

USCG requires immediate action and a 

delayed effective date would be contrary 

to the public interest. Delaying or 

rescheduling the demolition to provide 

30 days notice also is impracticable 

because the Mississippi Department of 

Transportation contract requires 

complete removal by early June 2011 

and the delayed new bridge completion 

has already caused demolition delays. 

By making the rule effective 

immediately upon publication and 

enforceable with actual notice upon 

signature the required demolition of the 

old bridge structure can continue under 

the applicable contract and the 

personnel, vessels, and mariners 

associated with and/or present during 

demolition will be protected. We will 

accept public comments on this 

temporary interim rule and, if they 

indicate a need for modification of the 

rule, we will take further regulatory 

action. 

Background and Purpose 

The legal basis for this rulemaking is 

the Coast Guard’s authority to establish 

regulated navigation areas, under 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; 

Public Law 107–295, 116 Stat. 2064; and 

Department of Homeland Security 

Delegation No. 0170.1. A RNA is a water 

area within a defined boundary for 

which regulations for vessels navigating 

within the area have been established, 

to control vessel traffic in a place 

determined to have hazardous 

conditions. 33 CFR 165.10; U.S.C.G. 


hsrobinson on DSK69SOYB1PROD with RULES
67218 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

Commandant Instruction Manual 

M16704.3A, 1–6. 

The purpose of this rule is to establish 

a RNA for all waters of the Lower 

Mississippi River beginning at mile 528 

and ending at mile 535 extending the 

entire width of the waterway, to protect 

personnel and vessels, both transiting 

the waterway and conducting the work, 

from the potential safety hazards 

involved in the demolition of the 

Greenville Bridge, Lower Mississippi 

River Mile 531.3. Vessels will not be 

permitted to be in this area during 

certain phases of the demolition of the 

Greenville Bridge, Lower Mississippi 

River Mile 531.3. Due to the demolition, 

the waterway will have to be closed or 

partially restricted to traffic at certain 

times depending on how the demolition 

is proceeding. 

The RNA will allow for the safe and 

orderly movements in and through the 

demolition area. 

Discussion of Rule 

During enforcement periods under 

this rule, all vessels are required to 

transit the RNA at the minimum safe 

speed and may be prohibited from 

transiting all waters of the Lower 

Mississippi River beginning at mile 528 

and ending at mile 535 extending the 

entire width of the waterway. 

Enforcement periods include, but are 

not limited to: 

(1) Any time structural parts of the 

bridge are being removed, dismantled or 

demolished, where a reasonable risk to 

passing vessels or personnel exists. 

(2) Any time passing vessels pose a 

danger to the personnel and vessels 

conducting the demolition work. 

(3) During the setting and use of 

explosives to demolish the bridge 

support piers. 

(4) During the lowering of the middle 

420 feet of main span to barges for 

transport to the Arkansas shore for 

dismantling. This will take 

approximately 24 hours and is currently 

scheduled for mid-November depending 

on how preparation work progresses. 

Minimum safe speed will be required 

of all vessels transiting the area when 

lifting, positioning or surveying work is 

being conducted. 

All vessels transiting the area must: 

(1) Announce their intentions of 

entering the RNA; 

(2) Avoid meeting or passing another 

vessel in the RNA; 

(3) Not anchor, stop, remain or drift 

without power at anytime in the RNA; 

and 

(4) Continually monitor VHF–FM 

channel 13 on their radio-telephone 

while operating in, near or approaching 

the RNA. 

The RNA will remain in effect 

through November 1, 2012. Currently 

there is only one scheduled closure of 

the water way for a 24 hour period 

during the removal of the main span. 

And, for any closure that will last longer 

than 4 hours notice will be given a 

minimum of 7 days before the 

scheduled closure, unless an emergent 

situation exists. All other closures 

should be less than 2 hours, and only 

when necessary. Notice for closure 

lasting over 2 hours but less than 4 

hours will be given at least 72 hours 

before the closure. 

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 rule is temporary and 

limited in nature regulating only during 

the actual demolition of the Greenville 

Bridge, Lower Mississippi River, Mile 

531.3, creating no undue delay to vessel 

traffic in the area. 

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 which may be small 

entities: owners or operators or vessels 

intending to transit the Lower 

Mississippi River from mile 528 to mile 

535 during the demolition periods. This 

rule will not have a significant 

economic impact on those entities or a 

substantial number of any small entities 

for the following reasons. This rule will 

only be in effect through November 1, 

2012. The Coast Guard will issue 

maritime advisories widely available to 

the users of the river at least 72 hours 

before to the closure of the waterway for 

any extended period (2 hours or more). 

Vessels will be able to transit the 

waterway during the vast majority of the 

demolition period. 

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. 


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Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 67219 

Taking of Private Property 

This rule will not effect 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 

(32)(a), of the Instruction. This rule 

involves the final stages of a bridge 

replacement on essentially the same 

alignment or location. The new 

structure has been completed and 

opened to the public. This RNA is being 

established to help facilitate the safe 

removal of the old structure. Under 

figure 2–1, paragraph (32)(a), 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 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), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T10–0693 is 

added to read as follows: 

§ 165.T10–0693 Regulated Navigation 

Area; Greenville Bridge Demolition, Lower 

Mississippi River, Mile 531.3. 

(a) Regulated Navigation Area. The 

following is a regulated navigation area 

(RNA): All waters of the Lower 

Mississippi River beginning at mile 528 

and ending at mile 535 extending the 

entire width of the waterway. 

(b) Applicability. This section applies 

to all vessels and craft operating on the 

waters of the Mississippi in or near the 

RNA or approaching the RNA with 

intentions of transiting the RNA. 

(c) Effective Dates. This rule is 

effective in the CFR from November 2, 

2010 through November 1, 2012. This 

rule is effective with actual notice for 

purposes of enforcement from October 

22, 2010 through November 1, 2012. 

(d) Definitions. As used in this 

section: 

COTP means Captain of the Port, 

Lower Mississippi River; 

Closure means any time this RNA is 

enforced and normal traffic is halted 

from proceeding in or through the RNA 

due to operations that could pose 

potential safety hazards involved in the 

demolition of the Greenville Bridge; 

Demolition means the removal, 

staging or preparation thereof, of any 

part of the old Greenville Bridge, Lower 

Mississippi River, Mile 531.3; 

Designated representative includes 

any commissioned, warrant, or petty 

officer of the U.S. Coast Guard 

designated by the COTP Lower 

Mississippi to authorize entry into the 

RNA; 

Downbound means the vessel is 

traveling with the current; 

Site representative means the person 

so designated by the demolition 

contractor (Granite Construction 

Company) or the bridge owner 

(Mississippi Department of 

Transportation) whose responsibility it 

is to inform vessels in the vicinity of the 

demolition work of any possible hazards 

or encroachments to the waterway; 

Upbound means the vessel is 

traveling against the current; and 

Vessel or craft means any waterborne 

manmade object designed to convey 

people or goods. 

(e) Regulations. During closure, in 

accordance with the general regulations 

in § 165.23 of this part: 

(1) Entry into this zone by vessels or 

mariners is prohibited unless authorized 

by the COTP Lower Mississippi River or 

a designated representative. They may 

be contacted on VHF–FM channel 16 or 

by telephone at (866) 777–2784; 

(2) All persons and vessels shall 

comply with the instructions of the 

COTP Lower Mississippi River and 

designated representatives; 

(3) Minimum safe speed will be 

required of all vessels transiting the 

RNA; 

(4) Vessels shall not meet or pass in 

the RNA; 


hsrobinson on DSK69SOYB1PROD with RULES
67220 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

(5) No vessel shall anchor, stop, 

remain or drift without power at any 

time in the RNA; 

(6) All vessels shall continually 

monitor VHF–FM channel 13 on their 

radio-telephone while operating in, 

near, or approaching the RNA; 

(7) Before entering the RNA, 

downbound vessels shall make a 

broadcast in the blind on VHF–FM 

channel 13 announcing their estimated 

time of arrival at the upriver start of the 

RNA at mile 535 to ensure that there are 

no upbound vessels within the RNA and 

in sufficient time that: 

(i) If there are vessels in the RNA the 

downbound vessel shall adjust its speed 

so as to avoid a meeting situation in the 

RNA. 

(ii) If the RNA is temporarily closed 

to vessel traffic the downbound vessel 

can take all way off and hold station or 

push in upriver of mile 535. 

(iii) The site representative can pass 

any pertinent information that would 

aid the vessel in the safe transit of the 

demolition site. If the Commander, 

Eighth Coast Guard District determines 

that hazardous conditions exist, a 

towboat (tug) shall be provided by the 

contractor or bridge owner to assist 

vessels through the bridge on demand; 

and 

(8) Before entering the RNA, upbound 

vessels shall make a broadcast in the 

blind on VHF–FM channel 13 

announcing their estimated time of 

arrival at the downriver start of the RNA 

at mile 528 to ensure that there are no 

downbound vessels within the RNA and 

in sufficient time that: 

(i) If there are vessels in the RNA the 

upbound vessel shall adjust its speed so 

as to avoid a meeting situation in the 

RNA. 

(ii) If the RNA is temporarily closed 

to vessel traffic the upbound vessel can 

take all way off and hold station or push 

in downriver of mile 528. 

(iii) The site representative can pass 

any pertinent information that would 

aid the vessel in the safe transit of the 

demolition site. If the Commander, 

Eighth Coast Guard District determines 

that hazardous conditions exist, a 

towboat (tug) shall be provided by the 

contractor or bridge owner to assist 

vessels through the bridge on demand. 

(f) Informational Broadcasts. The 

Captain of the Port, Lower Mississippi 

River will inform the public as soon as 

practical when closures are expected via 

Broadcast Notice to Mariners. Notice for 

any closure that will last longer than 4 

hours will be given a minimum of 7 

days before the scheduled closure, 

unless an emergent situation exists. 

Notice for any closure that will last 

longer than 2 hours but less than 4 

hours will be given at least 72 hours 

before the closure. Broadcast Notice to 

Mariners will be broadcast every two 

hours while the RNA is closed to traffic. 

Additionally, a schedule of known 

closures will be published in the Eighth 

District Local Notice to Mariners and at 

http://homeport.uscg.mil. Select 

‘‘LOWER MISSISSIPPI RIVER 

(MEMPHIS)’’ under the Port Directory 

tab. The schedule will appear under the 

Notice to Mariners subcategory. 

Dated: October 22, 2010. 

Peter Troedsson, 

Captain, U.S. Coast Guard, Acting 

Commander, Eighth Coast Guard District. 

[FR Doc. 2010–27587 Filed 11–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0718; FRL–9219–7] 

Determinations of Attainment by the 

Applicable Attainment Date for the 

Hayden, Nogales, Paul Spur/Douglas 

PM10 Nonattainment Areas, Arizona 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Hayden, Nogales, and Paul Spur/ 

Douglas nonattainment areas in Arizona 

attained the National Ambient Air 

Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) by the 

applicable attainment date of December 

31, 1994. On the basis of this 

determination, EPA concludes that 

these three ‘‘moderate’’ nonattainment 

areas are not subject to reclassification 

by operation of law to ‘‘serious.’’ Lastly, 

on the basis of a review of more recent 

ambient monitoring data, EPA has 

determined that the Hayden, Nogales, 

and Paul Spur/Douglas nonattainment 

areas are not currently attaining the 

PM10 standard. 

DATES: This action is effective on 

January 3, 2011 without further notice, 

unless EPA receives adverse comment 

by December 2, 2010. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0718, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: tax.wienke@epa.gov. 

3. Mail or deliver: Wienke Tax, Air 

Planning Office, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax at telephone number: (415) 

947–4192; e-mail address: 

tax.wienke@epa.gov, or the above EPA, 

Region IX address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 


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