Safety Zone; Fireworks for USS GRAVELY Commissioning Ceremony, Cape Fear River, Wilmington, NC, 62320-62323 [2010-25380]
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Rules and Regulations
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
this summary at the address listed
under ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends 14 CFR part 39 as follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
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2010–21–17 Pratt & Whitney: Amendment
39–16477. Docket No. FAA–2010–0514;
Directorate Identifier 2010–NE–02–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective November 12, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Pratt & Whitney
(PW) JT8D–9, –9A, –11, –15, –17, and –17R
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turbofan engines. These engines are installed
on, but not limited to, Boeing 727 series,
Boeing 737–200 series and McDonnell
Douglas DC–9 airplanes.
Unsafe Condition
(d) This AD results from reports of failed
fan blades. We are issuing this AD to prevent
high-cycle fatigue cracking at the blade root,
which could result in uncontained failures of
first stage fan blades and damage to the
airplane.
telephone (781) 238–7742; fax (781) 238–
7199, for more information about this AD.
(l) Pratt & Whitney JT8D Maintenance
Advisory Notice No. MAN–JT8D–2–06, dated
November 20, 2006, pertains to the subject of
this AD. Contact Pratt & Whitney, 400 Main
St., East Hartford, CT 06108; telephone (860)
565–7700; fax (860) 565–1605, for a copy of
this service information.
Material Incorporated by Reference
(m) None.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Issued in Burlington, Massachusetts, on
October 1, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
Initial Overhaul
(f) For engines where the cycles-in-service
(CIS) since the last overhaul of the fan blades
are known, overhaul the total set of stage 1
fan blades at the first shop visit after 4,000
CIS since the last total stage 1 fan blade
overhaul, or the next shop visit after the
effective date of this AD, whichever occurs
later. Guidance on performing a fan blade
overhaul can be found in Pratt & Whitney
JT8D Maintenance Advisory Notice No.
MAN–JT8D–2–06, and the Engine Manual
Chapter/Section 72–33–21, Inspection 00.
(g) For engines where the CIS since the last
overhaul of the fan blades are unknown,
overhaul the total set of stage 1 fan blades at
the next shop visit after the effective date of
this AD. Guidance on performing a fan blade
overhaul can be found in Pratt & Whitney
JT8D Maintenance Advisory Notice No.
MAN–JT8D–2–06, and the Engine Manual
Chapter/Section 72–33–21, Inspection 00.
[FR Doc. 2010–25391 Filed 10–7–10; 8:45 am]
Repetitive Overhaul
(h) Thereafter, overhaul the total set of
stage 1 fan blades at the first shop visit after
4,000 CIS since the last total stage 1 fan blade
overhaul. Guidance on performing a fan
blade overhaul can be found in Pratt &
Whitney JT8D Maintenance Advisory Notice
No. MAN–JT8D–2–06, and the Engine
Manual Chapter/Section 72–33–21,
Inspection 00.
SUMMARY:
Definitions
(i) For the purpose of this AD, a shop visit
is the induction of an engine into the shop
for maintenance involving the separation of
pairs of major mating engine flanges (lettered
flanges), except that the separation of engine
flanges solely for the purposes of transporting
the engine without subsequent engine
maintenance does not constitute an engine
shop visit.
Alternative Methods of Compliance
(j) The Manager, Engine Certification
Office, FAA, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Related Information
(k) Contact James Gray, Aerospace
Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: james.e.gray@faa.gov;
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BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0917]
RIN 1625–AA00
Safety Zone; Fireworks for USS
GRAVELY Commissioning Ceremony,
Cape Fear River, Wilmington, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of Cape Fear River in
Wilmington, NC in support of the
Fireworks for the USS GRAVELY
Commissioning Ceremony. This action
is necessary to protect the life and
property of the maritime public and
spectators from the hazards posed by
aerial fireworks displays. Entry into or
movement within this safety zone
during the enforcement period is
prohibited without approval of the
Captain of the Port.
DATES: This rule is effective from 9 p.m.
to 10 p.m. November 19, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0917 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0917 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.
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Rules and Regulations
If
you have questions on this temporary
rule, call or e-mail BOSN3 Joseph Edge,
Waterways Management Division, Coast
Guard; telephone 252–247–4525, e-mail
Joseph.M.Edge@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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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.
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. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, patrol vessels, spectator
craft, and other vessels transiting the
event area.
Basis and Purpose
On November 19, 2010, the USS
GRAVELY Commissioning Committee
will sponsor a fireworks display on the
western shore of the Cape Fear River at
Battleship Park. The fireworks debris
fallout area will extend over the
navigable waters of Cape Fear River.
Due to the need to protect mariners and
spectators from the hazards associated
with the fireworks display, including
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris, vessel traffic
will be temporarily restricted from
transiting within fireworks launch and
fallout area.
Discussion of Rule
The Coast Guard is establishing a
safety zone on the navigable waters of
Cape Fear River within an area bound
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by a line drawn from the following
points: latitude 34°13′54″ N, longitude
077°57′06″ W; thence northeast to
latitude 34°13′57″ N, longitude
077°57′05″ W; thence north to latitude
34°14′11″ N, longitude 077°57′07″ W;
thence northwest to latitude 34°14′22″
N, longitude 077°57′19″ W; thence west
to latitude 34°14′22″ N, longitude
077°57′06″ W; thence southeast to
latitude 34°14′07″ N, longitude
077°57′00″ W; thence south to latitude
34°13′54″ N, longitude 077°56′58″ W;
thence to the point of origin, located
approximately 500 yards north of Cape
Fear Memorial Bridge. This safety zone
will be established in the vicinity of
Wilmington, NC from 9 p.m. to 10 p.m.
on November 19, 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 or her 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 a small segment of the Cape
Fear River, 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.
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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 Cape Fear River from 9 p.m.
to 10 p.m. on November 19, 2010. This
rule 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 hour on
November 19, 2010; (2) Vessel traffic
will be able to navigate safely around
the safety 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.
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Rules and Regulations
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.
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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
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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.
§ 165.T05–0917 Safety Zone: Fireworks for
USS GRAVELY Commissioning Ceremony,
Cape Fear River, Wilmington, NC.
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 for a
fireworks display launch site and fallout
area 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
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2. Add § 165.T05–0917 to read as
follows:
(a) Regulated area. The following area
is a safety zone: specified waters of the
Captain of the Port, Sector North
Carolina, as defined in 33 CFR 3.25–20,
on the navigable waters of Cape Fear
River within an area bound by a line
drawn from the following points:
Latitude 34°13′54″ N, longitude
077°57′06″ W; thence northeast to
latitude 34°13′57″ N, longitude
077°57′05″ W; thence north to latitude
34°14′11″ N, longitude 077°57′07″ W;
thence northwest to latitude 34°14′22″
N, longitude 077°57′19″ W; thence west
to latitude 34°14′22″ N, longitude
077°57′06″ W; thence southeast to
latitude 34°14′07″ N, longitude
077°57′00″ W; thence south to latitude
34°13′54″ N, longitude 077°56′58″ W;
thence to the point of origin, located
approximately 500 yards north of Cape
Fear Memorial Bridge.
(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 or her behalf.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Sector North Carolina or his or her
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, Sector
North Carolina can be reached through
the Sector Duty Officer at Sector North
Carolina in Atlantic Beach, North
Carolina at telephone number (252)
247–4570.
(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 p.m.
to 10 p.m. on November 19, 2010.
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Rules and Regulations
Dated: September 23, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Sector North Carolina.
[FR Doc. 2010–25380 Filed 10–7–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0604–201046; FRL–
9212–2]
Approval and Promulgation of Air
Quality Implementation Plans; Atlanta,
GA; Notice of Completeness
Determination for the Purpose of
Stopping Sanctions Clock
Environmental Protection
Agency (EPA).
ACTION: Notice of Letter to Governor
Regarding Completeness and Stopping
of Sanctions Clock.
AGENCY:
EPA is now giving notice of
an action that EPA has already taken to
find a State Implementation Plan (SIP)
revision complete and stop the
sanctions clocks associated with the
Atlanta, Georgia, 1997 fine particulate
matter (PM2.5) national ambient air
quality standards (NAAQS)
nonattainment area (hereafter referred to
as the ‘‘Atlanta Area’’). Pursuant to the
Clean Air Act (CAA) and its
implementing regulations, EPA has
made an affirmative determination of
completeness for the attainment
demonstration, reasonably available
control measures and reasonably
available control technology, annual
emissions reductions to ensure
reasonable further progress, and
contingency measures (hereafter
referred to as ‘‘nonattainment area
submittals’’) submitted by the State of
Georgia for the Atlanta Area. On
September 3, 2010, a letter announcing
this determination was sent to the
Governor of Georgia, effectively
stopping the sanctions clocks started on
November 27, 2009, by ‘‘a finding of
failure to submit’’ the 1997 PM2.5
nonattainment submittals for the
Atlanta Area. Today’s notice is simply
an announcement of a determination
that EPA has already made.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0604. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
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SUMMARY:
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Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel
Huey or Sara Waterson, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9104.
Mr. Huey can also be reached via
electronic mail at huey.joel@epa.gov.
Ms. Waterson may be reached by phone
at (404) 562–9061 or via electronic mail
at waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION: Effective
April 5, 2005, the Atlanta Area was
designated nonattainment for the 1997
PM2.5 NAAQS. The Atlanta Area is
comprised of Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, and
Walton Counties and portions of Heard
and Putnam Counties. For the 1997
PM2.5 NAAQS, the State of Georgia was
required to submit nonattainment area
submittals by April 5, 2008. On
November 27, 2009, EPA published a
finding of failure to submit final
rulemaking for the required SIPs (74 FR
62251).
On July 6, 2010, Georgia submitted all
components for the nonattainment area
submittals for the Atlanta Area. EPA has
done a completeness review, in
accordance with Section 2.0 ‘‘Criteria’’ of
Appendix V of 40 CFR part 51—Criteria
for Determining the Completeness of
Plan Submissions, to ensure that the
State has submitted all of the required
information for the SIP submission.
As explained in the letter sent by EPA
to the Governor of Georgia, on
September 3, 2010, EPA has determined
that the State has corrected the
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deficiency identified in EPA’s
promulgated finding of failure to submit
the required nonattainment area SIP
submittals for the Atlanta Area.
Specifically, EPA has determined that
Georgia has submitted complete SIP
submittals for the Atlanta Area to meet
the CAA requirement for a
nonattainment area under the 1997
PM2.5 NAAQS. EPA will make a
determination on the approvability of
the nonattainment area submittals for
the Atlanta Area in a separate action.
Today’s announcement only relates to a
completeness determination for the
nonattainment area submittals for the
Atlanta Area, and is separate from EPA’s
determination of approvability of these
submittals. Today’s action is simply a
notice of a determination that EPA
already made through correspondence
with the Governor of Georgia.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2010–25465 Filed 10–7–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 156
[EPA–HQ–OPP–2005–0327; FRL–8848–8]
RIN 2070–AJ74
Pesticide Management and Disposal;
Standards for Pesticide Containers
and Containment; Change to Labeling
Compliance Date
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is amending the
pesticide container and containment
regulations to provide an 8-month
extension of the labeling compliance
date from December 16, 2010 to August
16, 2011. This change is being made to
provide additional time for pesticide
registrants to revise labels to bring them
into compliance with the regulations
and for EPA and states to review and
approve the revised labels.
DATES: This final rule is effective
December 7, 2010.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2005–0327. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
SUMMARY:
E:\FR\FM\08OCR1.SGM
08OCR1
]]>Agencies
[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Rules and Regulations]
[Pages 62320-62323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25380]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0917]
RIN 1625-AA00
Safety Zone; Fireworks for USS GRAVELY Commissioning Ceremony,
Cape Fear River, Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Cape Fear River in Wilmington, NC in support of the Fireworks
for the USS GRAVELY Commissioning Ceremony. This action is necessary to
protect the life and property of the maritime public and spectators
from the hazards posed by aerial fireworks displays. Entry into or
movement within this safety zone during the enforcement period is
prohibited without approval of the Captain of the Port.
DATES: This rule is effective from 9 p.m. to 10 p.m. November 19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0917 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0917 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.
[[Page 62321]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BOSN3 Joseph Edge, Waterways Management
Division, Coast Guard; telephone 252-247-4525, e-mail
Joseph.M.Edge@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 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.
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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, patrol vessels, spectator
craft, and other vessels transiting the event area.
Basis and Purpose
On November 19, 2010, the USS GRAVELY Commissioning Committee will
sponsor a fireworks display on the western shore of the Cape Fear River
at Battleship Park. The fireworks debris fallout area will extend over
the navigable waters of Cape Fear River. Due to the need to protect
mariners and spectators from the hazards associated with the fireworks
display, including accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris, vessel traffic
will be temporarily restricted from transiting within fireworks launch
and fallout area.
Discussion of Rule
The Coast Guard is establishing a safety zone on the navigable
waters of Cape Fear River within an area bound by a line drawn from the
following points: latitude 34[deg]13'54'' N, longitude 077[deg]57'06''
W; thence northeast to latitude 34[deg]13'57'' N, longitude
077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, longitude
077[deg]57'07'' W; thence northwest to latitude 34[deg]14'22'' N,
longitude 077[deg]57'19'' W; thence west to latitude 34[deg]14'22'' N,
longitude 077[deg]57'06'' W; thence southeast to latitude
34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to latitude
34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the point of
origin, located approximately 500 yards north of Cape Fear Memorial
Bridge. This safety zone will be established in the vicinity of
Wilmington, NC from 9 p.m. to 10 p.m. on November 19, 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 or her 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 a small segment of the Cape Fear River, 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 Cape Fear River from 9 p.m. to 10 p.m. on
November 19, 2010. This rule 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 hour on November
19, 2010; (2) Vessel traffic will be able to navigate safely around the
safety 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.
[[Page 62322]]
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 for a
fireworks display launch site and fallout area 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.
List of Subjects in 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.T05-0917 to read as follows:
Sec. 165.T05-0917 Safety Zone: Fireworks for USS GRAVELY
Commissioning Ceremony, Cape Fear River, Wilmington, NC.
(a) Regulated area. The following area is a safety zone: specified
waters of the Captain of the Port, Sector North Carolina, as defined in
33 CFR 3.25-20, on the navigable waters of Cape Fear River within an
area bound by a line drawn from the following points: Latitude
34[deg]13'54'' N, longitude 077[deg]57'06'' W; thence northeast to
latitude 34[deg]13'57'' N, longitude 077[deg]57'05'' W; thence north to
latitude 34[deg]14'11'' N, longitude 077[deg]57'07'' W; thence
northwest to latitude 34[deg]14'22'' N, longitude 077[deg]57'19'' W;
thence west to latitude 34[deg]14'22'' N, longitude 077[deg]57'06'' W;
thence southeast to latitude 34[deg]14'07'' N, longitude
077[deg]57'00'' W; thence south to latitude 34[deg]13'54'' N, longitude
077[deg]56'58'' W; thence to the point of origin, located approximately
500 yards north of Cape Fear Memorial Bridge.
(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 or her behalf.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina or his or
her 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, Sector North Carolina can be reached
through the Sector Duty Officer at Sector North Carolina in Atlantic
Beach, North Carolina at telephone number (252) 247-4570.
(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
p.m. to 10 p.m. on November 19, 2010.
[[Page 62323]]
Dated: September 23, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Sector North Carolina.
[FR Doc. 2010-25380 Filed 10-7-10; 8:45 am]
BILLING CODE 9110-04-P
