Temporary Security Zones; San Francisco Bay, Delta Ports, Monterey Bay and Humboldt Bay, CA, 67620-67623 [2010-27704]
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
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.
emcdonald on DSK2BSOYB1PROD with RULES
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
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Jkt 223001
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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. Add § 165.T11–368 to read as
follows:
■
§ 165.T11–368 Safety zone; Richardson
Ash Scattering by Fireworks, San
Francisco, CA
(a) Location. This temporary safety
zone is established for the waters of San
Francisco Bay 1500 feet off Yellow
Bluff, Sausalito, CA. The fireworks
launch site will be located in position
37°50′9″ N, 122°27′59″ W (NAD 83).
From 3:30 p.m. to 6:15 p.m. on
November 6, 2010, the temporary safety
zone applies to the navigable waters
around the fireworks site within a
radius of 100 feet. From 6:15 p.m. until
7 p.m. on November 6, 2010, the area to
which the temporary safety zone applies
will increase in size to encompass the
navigable waters around the fireworks
site within a radius of 400 feet.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the Captain of the Port San
Francisco (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23 of this title, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
designated representative.
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(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or through the 24-hour
Command Center at telephone 415–399–
3547.
(d) Effective period. This section is
effective from 3:30 p.m. through 7 p.m.
on November 6, 2010.
Dated: October 22, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2010–27703 Filed 11–2–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0721]
RIN 1625–AA87
Temporary Security Zones; San
Francisco Bay, Delta Ports, Monterey
Bay and Humboldt Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary security zones
on the navigable waters of San
Francisco Bay, Delta Ports, Monterey
Bay and Humboldt Bay, CA, in support
of increasing the size of security zones
currently provided by 33 CFR 165.1183
from 100 yards to 500 yards. These
temporary security zones are necessary
to effectively protect cruise ships, high
interest vessels (HIVs), or tankers, as
defined under 33 CFR 165.1183. Persons
and vessels are prohibited from entering
into, transiting through, or anchoring
within the temporary security zones
unless authorized by the Captain of the
Port or her designated representative.
DATES: This rule is effective in the CFR
from November 3, 2010 through April
15, 2011. This rule is effective with
actual notice for purposes of
enforcement from October 5, 2010,
through April 15, 2011.
SUMMARY:
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0721 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0721 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 Ensign Liezl
Nicholas, Waterways Management, U.S.
Coast Guard Sector San Francisco, Coast
Guard; telephone 415–399–7443, e-mail
D11-PF-MarineEvents@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
emcdonald on DSK2BSOYB1PROD with RULES
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)
at this time with respect to this
temporary rule because it was contrary
to the public interest to wait. The COTP
has deemed this temporary rule as
necessary because it allows the Coast
Guard to better protect HIVs. As noted
in the Discussion of the Rule section
below, the Coast Guard has initiated a
separate, notice-and-comment
rulemaking while this temporary rule is
in effect.
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. It would be contrary to the
public interest not to publish this rule,
as it is necessary to put the Coast Guard
in better position to afford protection to
HIVs.
Basis and Purpose
Based on experience with actual
security zone enforcement operations,
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observations during boat tactics
training, and discussions with Coast
Guard experts, Sector San Francisco has
concluded that the current 100-yard
security zones are not large enough to
sufficiently protect cruise ships, HIVs,
or tankers from sabotage, other
subversive acts, criminal actions or
other causes of a similar nature. The
increase of the security zones to 500
yards would allow reaction time to a
vessel closing in at 20 knots to increase
from 9 seconds (for 100 yards) to 36
seconds (for 500 yards). In addition, 500
yards would establish a consistent
standard for all escort operations in the
San Francisco Bay area that would
benefit tactical coxswains and minimize
the potential for confusion on the part
of the boating public.
Discussion of Rule
This rule establishes temporary
security zones that will be enforced
from October 5, 2010, through April 5,
2011. This rule also temporarily
suspends 33 CFR 165.1183. The Coast
Guard has initiated a separate
rulemaking that proposes to revise
§ 165.1183 so that it contains security
zones the same size as the zones
established by this temporary final rule.
The Coast Guard expects to complete
that separate notice-and-comment
rulemaking during the effective period
of this temporary final rule. To
comment on that rulemaking [Docket
No. USCG–2010–1004] for a permanent
revision of § 165.1183, please find our
notice of proposed rulemaking entitled,
‘‘Security Zone; Increase of Security
Zones under 33 CFR 165.1183 from 100
to 500 yards; San Francisco Bay, Delta
Ports, Monterey Bay, and Humboldt
Bay, CA,’’ published elsewhere in
today’s issue of the Federal Register.
The limits of these temporary security
zones include all waters in San
Francisco Bay, extending from the
surface to the sea floor, within 500 yards
ahead, astern and extending 500 yards
along either side of any cruise ship,
tanker or HIV that is underway,
anchored, or moored within the San
Francisco Bay and Delta port areas
shoreward of the line drawn between
San Francisco Main Ship Channel
Buoys 7 and 8 (LLNR 4190 and 4195,
positions 37°46.9′ N, 122°35.4′ W and
37°46.5′ N, 122°35.2′ W, respectively).
In Monterey Bay, the limits of the
security zones include all waters,
extending from the surface to the sea
floor, within 500 yards ahead, astern
and extending 500 yards along either
side of any cruise ship, tanker or HIV
that is underway, anchored or moored
within the Monterey Bay area
shoreward of a line drawn between
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67621
Santa Cruz Light (LLNR 305) to the
north in position 36°57.10′ N,
122°01.60′ W, and Cypress Point,
Monterey to the south, in position
36°34.90′ N, 121°58.70′ W.
In Humboldt Bay the limits of these
temporary security zones apply to all
waters, extending from the surface to
the sea floor, within 500 yards ahead,
astern and extending 500 yards along
either side of any cruise ship, tanker or
HIV that is underway, anchored, or
moored within Humboldt Bay area
shoreward of a 4 nautical mile radius
line drawn to the west of the Humboldt
Bay Entrance Lighted Whistle Buoy HB
(LLNR 8230), in position 40°46.25′ N,
124°16.13′ W.
The temporary security zones are
necessary to effectively protect cruise
ships, high interest vessels (HIV), and
tankers as defined under 33 CFR
165.1183 from sabotage or other
subversive acts, criminal actions, or
other causes of a similar nature. Persons
and vessels will be prohibited from
entering into, transiting through, or
anchoring within the temporary safety
zones unless authorized by the Captain
of the Port, or her designated
representative.
The temporary security zones will be
enforced by Coast Guard patrol craft and
San Francisco Harbor Police as
authorized by the Captain of the Port.
See 33 CFR 6.04–11, Assistance of other
agencies.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that full
Regulatory Evaluation is unnecessary.
Most of the entities likely to be affected
are pleasure craft engaged in
recreational activities and sightseeing.
In addition, due to National Security
interests, the implementation of these
temporary security zones is necessary
for the protection of the United States
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
and its people. The size of the zones is
the minimum necessary to provide
adequate protection for cruise ships,
HIVs, and tankers as defined under 33
CFR 165.1183 assets.
Collection of Information
Small Entities
Federalism
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 or anchor in
a portion of the San Francisco Bay,
Delta Ports, Monterey Bay and
Humboldt Bay from October 5, 2010
through April 5, 2011.
The security zones will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Vessel traffic can
pass safely around the zone. Before the
effective period, the Coast Guard will
issue local notice to mariners (LNM)
and broadcast notice to mariners (BNM)
alerts via VHF–FM marine channel 16
before the security zone is enforced.
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.
emcdonald on DSK2BSOYB1PROD with RULES
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.
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This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not 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
PO 00000
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Fmt 4700
Sfmt 4700
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a security
zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
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.
2. From November 3, 2010, through
April 5, 2011, temporarily suspend
§ 165.1183 and temporarily add
§ 165.T11–362 to read as follows:
■
emcdonald on DSK2BSOYB1PROD with RULES
§ 165.T11–362 Temporary Security Zones;
San Francisco Bay, Delta Ports, Monterey
Bay and Humboldt Bay, CA.
(a) Location. (1) San Francisco Bay.
The limits of these security zones
include all waters in San Francisco Bay,
extending from the surface to the sea
floor, within 500 yards ahead, astern
and extending 500 yards along either
side of any cruise ship, tanker or HIV
that is underway, anchored, or moored
within the San Francisco Bay and Delta
port areas shoreward of the line drawn
between San Francisco Main Ship
Channel Buoys 7 and 8 (LLNR 4190 and
4195, positions 37°46.9′ N, 122°35.4′ W
and 37°46.5′ N, 122°35.2′ W,
respectively).
(2) Monterey Bay. In Monterey Bay,
the limits of the security zones include
all waters, extending from the surface to
the sea floor, within 500 yards ahead,
astern and extending 500 yards along
either side of any cruise ship, tanker or
HIV that is underway, anchored or
moored within Monterey Bay area
shoreward of a line drawn between
Santa Cruz Light (LLNR 305) to the
north in position 36°57.10′ N,
122°01.60′ W and Cypress Point,
Monterey to the south in position
36°34.90′ N, 121°58.70′ W.
(3) Humboldt Bay. In Humboldt Bay
the limits of the security zones apply to
all waters, extending from the surface to
the sea floor, within 500 yards ahead,
astern and extending 500 yards along
either side of any cruise ship, tanker or
HIV that is underway, anchored, or
moored within Humboldt Bay area
shoreward of a 4 nautical mile radius
line drawn to the west of the Humboldt
Bay Entrance Lighted Whistle Buoy HB
(LLNR 8230), in position 40°46.25′ N,
124°16.13′ W.
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(b) Definitions. As used in this
section—
Cruise ship means any vessel over 100
gross register tons, carrying more than
12 passengers for hire which makes
voyages lasting more than 24 hours, of
which any part is on the high seas.
Passengers from cruise ships are
embarked or disembarked in the U.S. or
its territories. Cruise ships do not
include ferries that hold Coast Guard
Certificates of Inspection endorsed for
‘‘Lakes, Bays and Sounds’’ that transit
international waters for only short
periods of time on frequent schedules.
Designated representative means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, State and Federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
High Interest Vessel or HIV means any
vessel deemed by the Captain of the
Port, or higher authority, as a vessel
requiring protection based upon risk
assessment analysis of the vessel and is
therefore escorted by a Coast Guard or
other law enforcement vessel with an
embarked Coast Guard commissioned,
warrant, or petty officer.
Tanker means any self-propelled tank
vessel constructed or adapted primarily
to carry oil or hazardous materials in
bulk in the cargo spaces.
(c) Enforcement period. This section
will be enforced from October 5, 2010,
through April 5, 2011. If the need to
enforce the security zones in paragraph
(a) of this section terminates before this
rule expires, the Captain of the Port will
cease enforcement of the security zones
and will announce that fact via
Broadcast Notice to Mariners.
(d) Regulations. (1) Entry into, transit
through or anchoring within the
security zones described in paragraph
(a) of this section is prohibited unless
authorized by the Captain of the Port of
San Francisco or her designated
representative.
(2) Mariners requesting permission to
transit through the security zone may
request authorization to do so from the
Patrol Commander (PATCOM), a
designated representative. The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
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67623
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: October 4, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2010–27704 Filed 11–2–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0665; FRL–9212–8]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Volatile Organic Compound SiteSpecific State Implementation Plan for
Abbott Laboratories
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving into the
Illinois State Implementation Plan (SIP)
amendments to Illinois’ manufacturing
rules. On July 17, 2009, the Illinois
Environmental Protection Agency
(Illinois EPA) submitted amendments to
its pharmaceutical manufacturing rules
for approval into its SIP. These
amendments consist of a site-specific
rulemaking for certain of Abbott
Laboratories’ (Abbott) tunnel dryers and
fluid bed dryers. This site-specific rule
revision is approvable because it lowers
the allowable emissions from these
dryers and it is consistent with the
Clean Air Act (CAA) and EPA
regulations. EPA proposed these rules
for approval on July 14, 2010, and
received no comments.
DATES: This final rule is effective on
December 3, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Nos. EPA–R05–OAR–2009–0665. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) 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
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67620-67623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27704]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0721]
RIN 1625-AA87
Temporary Security Zones; San Francisco Bay, Delta Ports,
Monterey Bay and Humboldt Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary security zones on
the navigable waters of San Francisco Bay, Delta Ports, Monterey Bay
and Humboldt Bay, CA, in support of increasing the size of security
zones currently provided by 33 CFR 165.1183 from 100 yards to 500
yards. These temporary security zones are necessary to effectively
protect cruise ships, high interest vessels (HIVs), or tankers, as
defined under 33 CFR 165.1183. Persons and vessels are prohibited from
entering into, transiting through, or anchoring within the temporary
security zones unless authorized by the Captain of the Port or her
designated representative.
DATES: This rule is effective in the CFR from November 3, 2010 through
April 15, 2011. This rule is effective with actual notice for purposes
of enforcement from October 5, 2010, through April 15, 2011.
[[Page 67621]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0721 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0721 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 Ensign Liezl Nicholas, Waterways
Management, U.S. Coast Guard Sector San Francisco, Coast Guard;
telephone 415-399-7443, e-mail D11-PF-MarineEvents@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)
at this time with respect to this temporary rule because it was
contrary to the public interest to wait. The COTP has deemed this
temporary rule as necessary because it allows the Coast Guard to better
protect HIVs. As noted in the Discussion of the Rule section below, the
Coast Guard has initiated a separate, notice-and-comment rulemaking
while this temporary rule is in effect.
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. It would be contrary to the public
interest not to publish this rule, as it is necessary to put the Coast
Guard in better position to afford protection to HIVs.
Basis and Purpose
Based on experience with actual security zone enforcement
operations, observations during boat tactics training, and discussions
with Coast Guard experts, Sector San Francisco has concluded that the
current 100-yard security zones are not large enough to sufficiently
protect cruise ships, HIVs, or tankers from sabotage, other subversive
acts, criminal actions or other causes of a similar nature. The
increase of the security zones to 500 yards would allow reaction time
to a vessel closing in at 20 knots to increase from 9 seconds (for 100
yards) to 36 seconds (for 500 yards). In addition, 500 yards would
establish a consistent standard for all escort operations in the San
Francisco Bay area that would benefit tactical coxswains and minimize
the potential for confusion on the part of the boating public.
Discussion of Rule
This rule establishes temporary security zones that will be
enforced from October 5, 2010, through April 5, 2011. This rule also
temporarily suspends 33 CFR 165.1183. The Coast Guard has initiated a
separate rulemaking that proposes to revise Sec. 165.1183 so that it
contains security zones the same size as the zones established by this
temporary final rule. The Coast Guard expects to complete that separate
notice-and-comment rulemaking during the effective period of this
temporary final rule. To comment on that rulemaking [Docket No. USCG-
2010-1004] for a permanent revision of Sec. 165.1183, please find our
notice of proposed rulemaking entitled, ``Security Zone; Increase of
Security Zones under 33 CFR 165.1183 from 100 to 500 yards; San
Francisco Bay, Delta Ports, Monterey Bay, and Humboldt Bay, CA,''
published elsewhere in today's issue of the Federal Register.
The limits of these temporary security zones include all waters in
San Francisco Bay, extending from the surface to the sea floor, within
500 yards ahead, astern and extending 500 yards along either side of
any cruise ship, tanker or HIV that is underway, anchored, or moored
within the San Francisco Bay and Delta port areas shoreward of the line
drawn between San Francisco Main Ship Channel Buoys 7 and 8 (LLNR 4190
and 4195, positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N,
122[deg]35.2' W, respectively).
In Monterey Bay, the limits of the security zones include all
waters, extending from the surface to the sea floor, within 500 yards
ahead, astern and extending 500 yards along either side of any cruise
ship, tanker or HIV that is underway, anchored or moored within the
Monterey Bay area shoreward of a line drawn between Santa Cruz Light
(LLNR 305) to the north in position 36[deg]57.10' N, 122[deg]01.60' W,
and Cypress Point, Monterey to the south, in position 36[deg]34.90' N,
121[deg]58.70' W.
In Humboldt Bay the limits of these temporary security zones apply
to all waters, extending from the surface to the sea floor, within 500
yards ahead, astern and extending 500 yards along either side of any
cruise ship, tanker or HIV that is underway, anchored, or moored within
Humboldt Bay area shoreward of a 4 nautical mile radius line drawn to
the west of the Humboldt Bay Entrance Lighted Whistle Buoy HB (LLNR
8230), in position 40[deg]46.25' N, 124[deg]16.13' W.
The temporary security zones are necessary to effectively protect
cruise ships, high interest vessels (HIV), and tankers as defined under
33 CFR 165.1183 from sabotage or other subversive acts, criminal
actions, or other causes of a similar nature. Persons and vessels will
be prohibited from entering into, transiting through, or anchoring
within the temporary safety zones unless authorized by the Captain of
the Port, or her designated representative.
The temporary security zones will be enforced by Coast Guard patrol
craft and San Francisco Harbor Police as authorized by the Captain of
the Port. See 33 CFR 6.04-11, Assistance of other agencies.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that full Regulatory
Evaluation is unnecessary. Most of the entities likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
In addition, due to National Security interests, the implementation of
these temporary security zones is necessary for the protection of the
United States
[[Page 67622]]
and its people. The size of the zones is the minimum necessary to
provide adequate protection for cruise ships, HIVs, and tankers as
defined under 33 CFR 165.1183 assets.
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
or anchor in a portion of the San Francisco Bay, Delta Ports, Monterey
Bay and Humboldt Bay from October 5, 2010 through April 5, 2011.
The security zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the zone. Before the effective period,
the Coast Guard will issue local notice to mariners (LNM) and broadcast
notice to mariners (BNM) alerts via VHF-FM marine channel 16 before the
security zone is enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
Federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not 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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
security zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
[[Page 67623]]
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. From November 3, 2010, through April 5, 2011, temporarily suspend
Sec. 165.1183 and temporarily add Sec. 165.T11-362 to read as
follows:
Sec. 165.T11-362 Temporary Security Zones; San Francisco Bay, Delta
Ports, Monterey Bay and Humboldt Bay, CA.
(a) Location. (1) San Francisco Bay. The limits of these security
zones include all waters in San Francisco Bay, extending from the
surface to the sea floor, within 500 yards ahead, astern and extending
500 yards along either side of any cruise ship, tanker or HIV that is
underway, anchored, or moored within the San Francisco Bay and Delta
port areas shoreward of the line drawn between San Francisco Main Ship
Channel Buoys 7 and 8 (LLNR 4190 and 4195, positions 37[deg]46.9' N,
122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W, respectively).
(2) Monterey Bay. In Monterey Bay, the limits of the security zones
include all waters, extending from the surface to the sea floor, within
500 yards ahead, astern and extending 500 yards along either side of
any cruise ship, tanker or HIV that is underway, anchored or moored
within Monterey Bay area shoreward of a line drawn between Santa Cruz
Light (LLNR 305) to the north in position 36[deg]57.10' N,
122[deg]01.60' W and Cypress Point, Monterey to the south in position
36[deg]34.90' N, 121[deg]58.70' W.
(3) Humboldt Bay. In Humboldt Bay the limits of the security zones
apply to all waters, extending from the surface to the sea floor,
within 500 yards ahead, astern and extending 500 yards along either
side of any cruise ship, tanker or HIV that is underway, anchored, or
moored within Humboldt Bay area shoreward of a 4 nautical mile radius
line drawn to the west of the Humboldt Bay Entrance Lighted Whistle
Buoy HB (LLNR 8230), in position 40[deg]46.25' N, 124[deg]16.13' W.
(b) Definitions. As used in this section--
Cruise ship means any vessel over 100 gross register tons, carrying
more than 12 passengers for hire which makes voyages lasting more than
24 hours, of which any part is on the high seas. Passengers from cruise
ships are embarked or disembarked in the U.S. or its territories.
Cruise ships do not include ferries that hold Coast Guard Certificates
of Inspection endorsed for ``Lakes, Bays and Sounds'' that transit
international waters for only short periods of time on frequent
schedules.
Designated representative means any commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, State and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
High Interest Vessel or HIV means any vessel deemed by the Captain
of the Port, or higher authority, as a vessel requiring protection
based upon risk assessment analysis of the vessel and is therefore
escorted by a Coast Guard or other law enforcement vessel with an
embarked Coast Guard commissioned, warrant, or petty officer.
Tanker means any self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous materials in bulk in the cargo
spaces.
(c) Enforcement period. This section will be enforced from October
5, 2010, through April 5, 2011. If the need to enforce the security
zones in paragraph (a) of this section terminates before this rule
expires, the Captain of the Port will cease enforcement of the security
zones and will announce that fact via Broadcast Notice to Mariners.
(d) Regulations. (1) Entry into, transit through or anchoring
within the security zones described in paragraph (a) of this section is
prohibited unless authorized by the Captain of the Port of San
Francisco or her designated representative.
(2) Mariners requesting permission to transit through the security
zone may request authorization to do so from the Patrol Commander
(PATCOM), a designated representative. The PATCOM may be contacted on
VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: October 4, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-27704 Filed 11-2-10; 8:45 am]
BILLING CODE 9110-04-P
