[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76800-76801]
[DOCID:fr28de05-91]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL06-28-000]

City of Sioux Falls, South Dakota and Heartland Consumers Power
District, Complainant, v. Xcel Energy Services, Inc., Northern States
Power Company (Minnesota), and Midwest Independent Transmission System
Operator, Inc., Respondents; Notice of Complaint

December 20, 2005.
    Take notice that on December 19, 2005, the City of Sioux Falls,
South Dakota and Hearland Consumers Power District (City/Heartland)
filed a Complaint against Northern States

Power Company (Minnesota), Xcel Energy Services, Inc. (Xcel), and the
Midwest Independent System Operator, Inc. (MISO), for their alleged
refusal to provide transmission service to the City for service under
the City/NPS Interconnection & Inter-change Agreement, Service Schedule
F.
    City/Heartland states that a copy of this complaint and supporting
documents have been served upon NSP, Xcel and MISO.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on December 29, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-7932 Filed 12-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52567-52569]
[FR Doc No: 2011-21459]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0863]
RIN 1625-AA09

Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the
operation of the State Route (SR) 433 Swing Span Bridge across Bonfouca
Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana. The
Louisiana Department of Transportation and Development (LDOTD)
requested that the operating regulation of the SR 433 swing span bridge
be changed in order to allow for signaled openings to begin later in
the mornings and later in the evenings during the months of daylight
savings time.

DATES: This rule is effective September 22, 2011.

ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-0863 and are available by going to
http:[sol][sol]www.regulations.gov, inserting USCG-2009-0863 in the
``Keyword'' box, and then clicking ``Search.'' This material is 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 David Frank, Bridge Administrator, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 22, 2009, we published an interim rule with request for
comments in the Federal Register (74 FR 67974). No comments were
received. No public hearing was requested and none was held.

Basis and Purpose

    The LDOTD requested that the operating regulation of the SR 433
Swing Span Bridge across Bonfouca Bayou, mile 7.0 at Slidell, Louisiana
be changed in order to allow for signaled openings to begin later in
the mornings and later in the evenings during the months of daylight
savings time from March 1 through October 30 each year. LDOTD indicated
that extending the morning requirement for a two-hour notice by one
hour will not affect mariners passing through the bridge because few
mariners do so in the morning.
    Bridge tender logs indicate that most recreational vessels transit
the bridge during spring, summer and fall months than during the winter
months of November through February. The logs also show that most of
the recreational boaters do not signal for an opening prior to 7 a.m.
    In the interim rule we extended the time for the bridge to open on
signal to 9 p.m., during the months of daylight savings time, thereby
affording mariners the opportunity to extend their activities for the
full period of daylight each day. We also delayed the beginning of the
on signal openings to 7 a.m. so that the evening extension did not
unduly burden the bridge owner by significantly increasing the length
of time it is necessary to continuously man the bridge.

    Prior to publishing the interim rule, 33 CFR 117.433 stated: The
draw of the S433 Bridge, mile 7.0, at Slidell, shall open on signal,
except that from 6 p.m. to 6 a.m. the draw shall open on signal if at
least two hours notice is given. On Monday through Friday, except
Federal holidays, the draw need not open for the passage of vessels
from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.
    This final rule replaces the interim rule and allows the bridge to
open on signal, except that from March 1 through October 30, the
regular boating season, the draw shall open on signal if at least two
hours notice is given from 9 p.m. to 7 a.m. During the winter months of
November 1 through February 28 or 29, the bridge will revert to the
two-hour notice requirement from 6 p.m. to 6 a.m. To continue to
accommodate rush hour vehicular traffic the bridge will continue to
remain closed to navigation, Monday through Friday, except Federal
holidays, from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.

Discussion of Comments and Changes

    The Coast Guard received no comments or requests for changes to the
interim rule and the Coast Guard made no changes to the interim rule.

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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The interim rule has been in
effect since December 22, 2009 and no complaints or comments have been
received by the Coast Guard from any waterway users.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include (1) Small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and (2) governmental jurisdictions with populations of less
than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this final
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 might
be small entities: The owners or operators of vessels patronizing the
marina just upstream of the bridge and owners or operators of small
commercial fishing vessels. This rule extends by one hour the total
duration of the on-demand bridge openings and changes the time of day
for on-demand bridge openings from 6 a.m.-6 p.m. to 7 a.m.-9 p.m.
Bridge logs indicate the morning delay will have minimal impact on
bridge openings therefore this rule will not affect a substantial
number of small entities and therefore will not have a substantial
economic impact.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the interim rule we offered
to assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.

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 would not create an
environmental risk to health or risk to safety that might
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
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions 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)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.433 to read as follows:

Sec.  117.433  Bonfouca Bayou.

    The draw of the S433 Bridge, mile 7.0, at Slidell, shall open on
signal, except that from 6 p.m. to 6 a.m. from November 1 through
February 28 or February 29, the draw shall open on signal if at least
two hours, notice is given. From March 1 through October 30, from 9
p.m. to 7 a.m. the draw shall open on signal if at least two hours,
notice is given. On Monday through Friday, except Federal holidays,
throughout the year, the draw need not open for the passage of vessels
from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.

    Dated: July 27, 2011.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2011-21459 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Page 69409]
[FR Doc No: 2013-27611]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-325-000]

Enel Cove Fort, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Enel Cove Fort, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 2, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 12, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-27611 Filed 11-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16630-16631]
[FR Doc No: 2023-05760]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2023-0061; FRL-10581-13-OCSPP]

Certain New Chemicals; Receipt and Status Information for January
2023; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice, extension of comment period.

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SUMMARY: In the Federal Register of February 17, 2023, announced the
receipt and status information for certain new chemical actions that
are currently under EPA review or have recently concluded review as
required by the Toxic Substances Control Act (TSCA). That document also
provided an opportunity for public comment and this document extends
the comment period for 60 days from March 20, 2023, to May 19, 2023.

DATES: The comment period for the notice that published on February 17,
2023, at 88 FR 10320, is extended. Comments must be received on or
before May 19, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2023-0061,

through the Federal eRulemaking Portal at https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting and visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Rahai, Project Management
and Operations Division (7407M), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: This document extends the public comment
period established in the Federal Register of February 17, 2023 (88 FR
10320) (FRL-10581-02-OCSPP) for 60 days, from March 20, 2023, to May
19, 2023. In that document, the Agency provided notice of receipt of
new chemical actions and a periodic status report of actions that are
currently under EPA review or have recently concluded review.
Information about cases reviewed under the amended TSCA is also
available on the EPA website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. The information is updated on a weekly basis. The
Federal Register of February 17, 2023, identifies the new chemical
actions and solicitation of comment to which this extension applies.
    EPA received requests to extend the comment period and believes it
is appropriate to do so in order to give stakeholders additional time
to review the notices and prepare comments. If you have questions,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: March 16, 2023.
Pamela Myrick,
Director, Project Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2023-05760 Filed 3-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Page 21991]
[FR Doc No: 2017-09557]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9959-94]

Access to Confidential Business Information by Artic Slope
Mission Services, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, Artic Slope Mission
Services, LLC (ASMS) of Beltsville, MD, to access information which has
been submitted to EPA under all sections of the Toxic Substances
Control Act (TSCA). Some of the information may be claimed or
determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data occurred on or about February
13, 2017.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Scott M. Sherlock, Environmental Assistance Division (7408M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8257; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004 is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    Under EPA contract number EP-W-17-011, order number 0021,
contractor ASMS of 7000 Muirkirk Meadows Drive, Suite 100, Beltsville,
MD is assisting the Office of Pollution Prevention and Toxics (OPPT) in
managing the Confidential Business Information Center (CBIC), which is
the centralized point of contact for TSCA CBI records and services as
the repository for these records. ASMS is also receiving, entering
data, copying, tracking and distributing records in accordance with the
TSCA Security Manual.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number EP-W-17-011, order number 0021, ASMS required
access to CBI submitted to EPA under all sections of TSCA to perform
successfully the duties specified under the contract. ASMS personnel
were given access to information submitted to EPA under all sections of
TSCA. Some of the information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA has provided ASMS access to these
CBI materials on a need-to-know basis only. All access to TSCA CBI
under this contract is taking place at EPA Headquarters in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until February
14, 2022. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    ASMS personnel were required to sign nondisclosure agreements and
were briefed on appropriate security procedures before they are
permitted access to TSCA CBI.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: March 6, 2017.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2017-09557 Filed 5-10-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Rules and Regulations]
[Page 34372-34374]
[DOCID:fr17jn10-20]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0454]
RIN 1625-AA00

Safety Zone; Fourth of July Fireworks Event, Pagan River,
Smithfield, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 420-foot radius safety zone
on the navigable waters of the Pagan River in Smithfield, VA in support
of the Fourth of July Fireworks event. This action is intended to
restrict vessel traffic movement to protect mariners and spectators
from the hazards associated with aerial fireworks displays.

DATES: This rule is effective from 9:30 p.m. to 10 p.m. on July 3,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0454 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0454 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 LT Tiffany Duffy, Waterways Management
Division, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>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 any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters. Additionally, this
temporary safety zone will be enforced for approximately one half-hour
on Saturday, July 3, 2010 while the fireworks display is in progress.
This safety zone should have a minimal impact on transiting vessels
because mariners are not precluded from using any portion of the
waterway except the area within the safety zone.
    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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment during the fireworks event, therefore, a
30-day notice is impracticable. Delaying the effective date would be
contrary to the safety zone's intended objectives of protecting persons
and vessels involved in the event, and enhancing public and maritime
safety.

Basis and Purpose

    On July 3, 2010, the Isle of Wight County, VA will sponsor a
fireworks display on the navigable waters of the Pagan River shoreline
centered on position 36[deg]59'18'' N/076[deg]37'45'' W (NAD 1983). Due
to the need to protect mariners and spectators from the hazards
associated with the fireworks display, such as the accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris, vessel traffic will be temporarily restricted within 420 feet
of the fireworks launch site.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable
waters of the Pagan River within the area bounded by a 420-foot radius
circle centered on position 36[deg]59'18'' N/076[deg]37'45'' W (NAD
1983). This safety zone will be established in the vicinity of
Smithfield, VA from 9:30 P.M. to 10 p.m.. on July 3, 2010. In the
interest of public safety, general navigation within the safety zone
will be restricted during the specified date and times. Except for
participants and vessels authorized by the Coast Guard Captain of the
Port or his representative, no person or vessel may enter or remain in
the regulated area.

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. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

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 specified portion of the Pagan River from 9:30 p.m. to 10 p.m. on
July 3, 2010. This safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (1) This rule will be enforced for only one half-hour on July
3, 2010; (2) Vessel traffic will be able to navigate safely around the
zone without significant impact to their transit plans; and (3) Before
the effective period begins, we will issue maritime advisories.

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 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 establishing a safety zone around a
fireworks display and is expected to have no impact on the water or
environment. This zone is designed to protect mariners and spectators
from the hazards associated with aerial fireworks displays. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0454 to read as follows:

Sec.  165.T05-0454  Safety Zone: Fourth of July Fireworks Event, Pagan
River, Smithfield, VA.

    (a) Regulated Area. The following area is a safety zone: Specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the vicinity of Clontz Park in Smithfield, VA and
within 420 feet of position 36[deg]59'18'' N/076[deg]37'45'' W (NAD
1983).
    (b) Definition: For the purposes of this part, Captain of the Port
Representative: means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be in effect from 9:30
p.m. to 10 p.m. on July 3, 2010.

    Dated: June 2, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-14626 Filed 6-16-10; 8:45 am]
BILLING CODE 9110-04-P