22812 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

(b) Enforcement Period. This section 

will be enforced from 5:50 a.m. through 

12:10 p.m. on April 28, 2011. If the 

operation concludes prior to the 

scheduled termination time, the Captain 

of the Port will cease enforcement of the 

safety zones and will announce that fact 

via Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to these sections: 

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) In accordance 

with 33 CFR Part 165 Subpart C, entry 

into, transit through or anchoring within 

this safety zone is prohibited unless 

authorized by the Captain of the Port of 

San Francisco or the Captain of the 

Port’s designated on-scene 

representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). 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: April 11, 2011. 

Cynthia L. Stowe, 

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

Port, San Francisco. 

[FR Doc. 2011–9891 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0201] 

RIN 1625–AA00 

Safety Zone; Sea World Fireworks; 

Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the specified navigable waters of 

Mission Bay in support of the Sea World 

Fireworks. This safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. 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 in the CFR 

from April 25, 2011 through 10:15 p.m. 

on December 31, 2011. This rule is 

effective with actual notice for the 

purposes of enforcement from 8:45 p.m. 

on April 2, 2011 through 10:15 p.m. on 

December 31, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0201 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0201 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 Cody 

McLaughlin, Waterways Management, 

U.S. Coast Guard Sector San Diego, CA; 

telephone (619) 278–7233, e-mail 

Cody.C.McLaughlin@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 

standard notice procedures are 

impracticable. Immediate action is 

necessary to ensure the safety of vessels, 

spectators, participants, and others in 

the vicinity of the marine event on the 

dates and times this rule will be 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. Delaying the effective date 

would be impracticable, because 

immediate action is needed to ensure 

the public’s safety. 

Basis and Purpose 

Sea World is sponsoring the Sea 

World Fireworks, which will include a 

fireworks presentation from a barge in 

Mission Bay. Fireworks displays are 

scheduled to occur on various dates 

between April 2 and December 31, 2011. 

This temporary safety zone is necessary 

to provide for the safety of the crew, 

spectators, participants, and other 

vessels and users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone in support of Sea 

World Fireworks. It will be enforced 

from 8:45 p.m. to 10:15 p.m. on 

evenings with a fireworks show. 

Fireworks shows are currently 

scheduled for the following dates in 

2011: April 2, 9, 16 and 23; May 28, 29 

and 30; June 4 and 5, 11 and 12; June 

16 through August 21; August 26, 27, 

and 28; September 3, 4, and 5; 

November 18; and December 9 and 31. 

If this schedule changes the Coast Guard 

will announce the changes via 

Broadcast Notice to Mariners no less 

than 24 hours before the event. The 

safety zone will cover a 600 foot radius 

surrounding the fireworks barge in 

approximate position 32°46′03′′ N, 

117°13′11′′ W. The safety zone is 

necessary to provide for the safety of the 

crew, spectators, participants, and other 

vessels and users of the waterway. 

When this temporary safety zone is 

being enforced, 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. 

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 


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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22813 

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 proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size and location of the 

temporary safety zone. Because of the 

location, commercial vessels will not be 

hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times, but the 

zone will only be enforced for 

approximately ninety minutes a night. 

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 and operators of 

vessels wishing to transit through or 

anchor in the impacted portion of 

Mission Bay on the nights with Sea 

World fireworks shows. 

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 (Public Law 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 


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22814 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

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 establishment of a temporary 

safety zone. 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, 

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.T11–405 to read as 

follows: 

§ 165.T11–405 Safety zone; Sea World 

Fireworks; Mission Bay, San Diego, CA. 

(a) Location. The safety zone will 

include the area within 600 feet of the 

fireworks barge in approximate position 

32°46′03′′ N, 117°13′11′′ W. 

(b) Enforcement Period. This section 

will only be enforced from 8:45 p.m. to 

10:15 p.m. on evenings with a fireworks 

show. Fireworks shows are currently 

scheduled for the following dates in 

2011: April 2, 9, 16 and 23, May 28, 29 

and 30, June 4 and 5, 11 and 12, nightly 

from June 16 through August 21, August 

26, 27, and 28, September 3, 4, and 5, 

November 18, December 9 and 31. If this 

schedule changes the Coast Guard will 

announce that fact via Broadcast Notice 

to Mariners no less than 24 hours before 

the event. If the event concludes prior 

to the scheduled termination time, the 

Captain of the Port will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, local, 

state, or federal law enforcement vessels 

who have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) In accordance 

with general regulations in 33 CFR Part 

165, Subpart C, 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 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 his 

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: April 1, 2011. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2011–9893 Filed 4–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0882; FRL–9298–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Adoption of the Revised Lead 

Standards and Related Reference 

Conditions and Update of Appendices 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. The revisions add the primary 

and secondary lead standards of 0.15 

micrograms per cubic meter (μg/m3), 

related reference conditions, and update 

the list of appendices under ‘‘Documents 

Incorporated by Reference.’’ Virginia’s 

SIP revisions for the National Ambient 

Air Quality Standards (NAAQS) for lead 

are consistent with the Federal lead 

standards. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on May 25, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0882. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, 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 

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

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 26, 2011 (76 FR 4579), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of Virginia’s SIP 

revision pertaining to the NAAQS for 

lead and related reference conditions. 

The CAA specifies that EPA must reevaluate the appropriateness of the 

NAAQS every five years. As part of the 

process, EPA reviewed the latest 

research and determined that revised 

standards for lead were necessary to 

protect public health and welfare. EPA 

revised the level of the primary lead 

standard to a level of 0.15 μg/m3 to 

provide increased protection for 

children and other ‘‘at risk’’ populations. 

The secondary standard was also 

revised to a level of 

0.15 μg/m3 to afford increased 

protection for the environment. EPA 

promulgated the more stringent primary 

and secondary NAAQS for lead on 

November 12, 2008 (73 FR 66964). One 

adverse comment was submitted on 

EPA’s January 26, 2011 NPR (76 FR 

4579). A summary of the comment and 

EPA’s response is provided in section IV 

of this document. 

II. Summary of SIP Revision 

On September 27, 2010, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP. The SIP 

revision consists of an amendment 

which includes the revised primary and 

secondary NAAQS for lead and related 

reference conditions. Virginia’s revision 

incorporates the Federal lead standards 


jdjones on DSKHWCL6B1PROD with RULES