Safety Zone; San Diego Parade of Lights Fireworks, San Diego, CA, 77756-77758 [2010-31305]

Download as PDF 77756 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations Matters Affecting the Government), 207 (Restrictions on Former Officers, Employees, and Elected Officials of the Executive and Legislative Branches), 208 (Acts Affecting a Personal Financial Interest), 209 (Salary of Government Officials and Employees Payable only by the United States), 603 (Making Political Contributions), 606 (Intimidation to Secure Political Contributions), 607, (Place of Solicitation), 643 (Accounting Generally for Public Money), 654 (Officer or Employee of the United States Converting Property of Another, 1905 (Disclosure of Confidential Information Generally), and 1913 (Lobbying with Appropriated Moneys) of title 18, United States Code; (iii) Sections 1343, 1344, and 1349 (b) of title 31, United States Code; (iv) The Federal Tort Claims Act and any other Federal tort liability statute; (v) The Ethics in Government Act of 1978; (vi) Section 1043 of the Internal Revenue Code of 1986; and (vii) Section 27 of the Office of Federal Procurement Policy Act; and (3) May not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which he or she is assigned; (4) Is subject to such regulations as the President may prescribe; and (5) Is covered by 5 U.S.C. chapter 81, Compensation for Work Injuries. (6) Does not have any right or expectation for Federal employment solely on the basis of his or her assignment. WReier-Aviles on DSKGBLS3C1PROD with RULES § 241.9 Costs and reimbursements. (a) Payment of salary and allowances. The lending organization (DoD or private sector organization) has full responsibility for payment of all salary and allowances to their employee participating in an ITEP assignment. (b) Business training and travel expenses. The engaging organization may pay for any business training and travel expenses incurred by the employee while on an ITEP assignment. (c) Prohibition. A private sector organization may not charge the DoD or any agency of the Federal Government, as direct or indirect costs under a Federal contract, for the costs of pay or benefits paid by that organization to an employee assigned to a DoD Component. § 241.10 Small business consideration. The ASD(NII)/DoD CIO on behalf of the Secretary of Defense shall: (a) Ensure that, of the assignments made each year, at least 20 percent are VerDate Mar<15>2010 15:15 Dec 13, 2010 Jkt 223001 small business concerns (as defined by 5 U.S.C. 3703(e)(2)(A)). (b) Take into consideration the questions of how assignments might be used to help meet the needs of the DoD with respect to the training of employees in ITM. DEPARTMENT OF HOMELAND SECURITY § 241.11 RIN 1625–AA00 Numerical limitation. The ITEP Pilot is an opportunity for the exchange of knowledge, experience and skills between DoD and the private sector. The DoD has the flexibility to send their employees to the private sector or receive private sector employees, or participate in a one-forone exchange. In no event may more than 10 employees participate in assignments under this section at any given time. § 241.12 Reporting requirements. (a) For each of fiscal years 2010 through 2015, the Secretary of Defense shall submit annual reports to the congressional defense committees, not later than 1 month after the end of the fiscal year involved, a report on any activities carried out during such fiscal year, including the following information: (1) Respective organizations to and from which an employee is assigned; (2) Positions those employees held while they were so assigned; (3) Description of the tasks they performed while they were so assigned; and (4) Discussion of any actions that might be taken to improve the effectiveness of the Pilot program, including any proposed changes in the law. (b) These reports will be prepared and submitted by ASD(NII)/DoD CIO in coordination with DoD Components participating in the pilot, to the appropriate congressional committees. § 241.13 Implementation. The ASD(NII)/DoD CIO is responsible for administering, coordinating and implementing the Pilot Program for the Temporary Exchange of Information Personnel, referred to as the Information Technology Exchange Program (ITEP). The ASD(NII)/DoD CIO will coordinate with DoD Components. Dated: December 7, 2010. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–31255 Filed 12–13–10; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–1011] Safety Zone; San Diego Parade of Lights Fireworks, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone upon the navigable water of the San Diego Bay in San Diego, CA in support of the two San Diego Parade of Lights Fireworks Displays on December 12 and December 19, 2010. This safety zone is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: This rule is effective from 5:30 p.m. on December 12, 2010, to 8 p.m. on December 19, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 1011 and are available online by going to https://www.regulations.gov, inserting USCG–2010–1011 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 Petty Officer Shane Jackson, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7267, e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\14DER1.SGM 14DER1 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 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 immediate action is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. 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. Immediate action is necessary to ensure the safety of the crew, spectators, and other vessels and users of the waterway. WReier-Aviles on DSKGBLS3C1PROD with RULES Basis and Purpose Fireworks and Stage FX America INC are sponsoring the San Diego Parade of Lights Fireworks Displays, which will include two fireworks presentations conducted from a tug and barge in San Diego Bay on December 12 and December 19, 2010. The barge will be located near the navigational channel in the vicinity of Harbor Island. The safety zone will cover a 500 foot area around the firing barge. The sponsor will provide a chase boat to patrol the safety zone and inform vessel operators that a safety zone is in place. This safety zone is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. Discussion of Rule The Coast Guard is establishing a safety zone that will be enforced from 5:30 p.m. to 8 p.m. on December 12, 2010 and December 19, 2010. The limits of the safety zone will cover a 500 foot area around the tug and barge in approximate position 32°43.25′ N., 117°11.50′ W. The safety zone is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within the safety zone unless authorized by the Captain of the Port, or his designated representative. 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. VerDate Mar<15>2010 15:15 Dec 13, 2010 Jkt 223001 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. The safety zone is of a limited duration, two and a half hours, and is limited to a relatively small geographic area. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons: Vessel traffic can pass safely around the safety zone. Before the effective period, the Coast Guard will publish a local notice to mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts via marine channel 16 VHF before the safety 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). PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 77757 The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial E:\FR\FM\14DER1.SGM 14DER1 77758 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 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. WReier-Aviles on DSKGBLS3C1PROD 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 which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated VerDate Mar<15>2010 15:15 Dec 13, 2010 Jkt 223001 under ADDRESSES. This rule involves establishment of a safety zone. 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. Add § 165.T11–374 to read as follows: ■ § 165.T11–374 Safety zone; San Diego Parade of Lights Fireworks; San Diego, California. (a) Location. The limits of the safety zones for both fireworks displays will cover a 500 foot area around the tug and barge in approximate position 32°43.25′ N., 117°11.50″ W. (b) Enforcement Period. This section will be enforced from 5:30 p.m. to 8 p.m. on December 12, 2010 and December 19, 2010. (c) Definitions. The following definition applies to this section: 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. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated on-scene representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Sector San Diego Command Center. The Command Center 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. 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. (4) The Coast Guard may be assisted by other federal, state, or local agencies. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Dated: November 23, 2010. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2010–31305 Filed 12–13–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2010–0435; FRL–9237–9] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Limiting Emissions of Volatile Organic Compounds From Portable Fuel Containers Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve a revision to Delaware’s State Implementation Plan (SIP). This SIP revision includes an amendment to Delaware’s regulation for Volatile Organic Compounds (VOC) from Consumer and Commercial Products, Section 3.0—Portable Fuel Containers. This amendment will reduce VOC emissions from portable fuel containers, and therefore, will help Delaware attain and maintain the national ambient air quality standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on February 14, 2011 without further notice, unless EPA receives adverse written comment by January 13, 2011. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2010–0435 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: powers.marilyn@epa.gov. C. Mail: EPA–R03–OAR–2010–0435, Marilyn Powers, Acting Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. SUMMARY: E:\FR\FM\14DER1.SGM 14DER1

Agencies

[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77756-77758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31305]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1011]
RIN 1625-AA00


Safety Zone; San Diego Parade of Lights Fireworks, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone upon the 
navigable water of the San Diego Bay in San Diego, CA in support of the 
two San Diego Parade of Lights Fireworks Displays on December 12 and 
December 19, 2010. This safety zone is necessary to ensure the safety 
of vessels, spectators, participants and others in the vicinity of the 
fireworks displays. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port, or his designated 
representative.

DATES: This rule is effective from 5:30 p.m. on December 12, 2010, to 8 
p.m. on December 19, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1011 and are available online 
by going to https://www.regulations.gov, inserting USCG-2010-1011 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 Petty Officer Shane Jackson, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7267, e-mail Shane.E.Jackson@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

[[Page 77757]]

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 immediate action is necessary to 
ensure the safety of vessels, spectators, participants and others in 
the vicinity of the fireworks displays.
    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. Immediate action is necessary to 
ensure the safety of the crew, spectators, and other vessels and users 
of the waterway.

Basis and Purpose

    Fireworks and Stage FX America INC are sponsoring the San Diego 
Parade of Lights Fireworks Displays, which will include two fireworks 
presentations conducted from a tug and barge in San Diego Bay on 
December 12 and December 19, 2010. The barge will be located near the 
navigational channel in the vicinity of Harbor Island. The safety zone 
will cover a 500 foot area around the firing barge. The sponsor will 
provide a chase boat to patrol the safety zone and inform vessel 
operators that a safety zone is in place. This safety zone is necessary 
to ensure the safety of vessels, spectators, participants and others in 
the vicinity of the fireworks displays.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced 
from 5:30 p.m. to 8 p.m. on December 12, 2010 and December 19, 2010. 
The limits of the safety zone will cover a 500 foot area around the tug 
and barge in approximate position 32[deg]43.25' N., 117[deg]11.50' W.
    The safety zone is necessary to ensure the safety of vessels, 
spectators, participants and others in the vicinity of the fireworks 
displays. Persons and vessels will be prohibited from entering into, 
transiting through, or anchoring within the safety zone unless 
authorized by the Captain of the Port, or his designated 
representative.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The safety zone is of a 
limited duration, two and a half hours, and is limited to a relatively 
small geographic area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can pass safely around the safety zone. Before the effective 
period, the Coast Guard will publish a local notice to mariners (LNM) 
and will issue broadcast notice to mariners (BNM) alerts via marine 
channel 16 VHF before the safety 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 (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

[[Page 77758]]

direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES. This rule involves establishment of a safety 
zone.

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.T11-374 to read as follows:


Sec.  165.T11-374  Safety zone; San Diego Parade of Lights Fireworks; 
San Diego, California.

    (a) Location. The limits of the safety zones for both fireworks 
displays will cover a 500 foot area around the tug and barge in 
approximate position 32[deg]43.25' N., 117[deg]11.50'' W.
    (b) Enforcement Period. This section will be enforced from 5:30 
p.m. to 8 p.m. on December 12, 2010 and December 19, 2010.
    (c) Definitions. The following definition applies to this section: 
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.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Sector San Diego 
Command Center. The Command Center 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.
    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.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: November 23, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-31305 Filed 12-13-10; 8:45 am]
BILLING CODE 9110-04-P

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