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. 

§ 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 

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. 

§ 241.11 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 

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 http://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 

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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 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°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. 

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 

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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. 

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. 

■ 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. 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: 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. http://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. 

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