81856 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

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 0023.1 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 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, 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 temporary § 165.T11–385 to 

read as follows: 

§ 165.T11–385 Safety Zone; New Year’s 

Celebration for the City of San Francisco 

Fireworks Display, San Francisco, CA. 

(a) Location. 

(1) During the loading of the 

fireworks, on December 31, 2010 at 11 

a.m. at Pier 50 in San Francisco, CA, 

and until the start of the fireworks 

displays at 11:45 p.m. on December 31, 

2010 the temporary safety zone will 

extend 100 feet from the loaded 

pyrotechnics barge beginning near 

position 37°46′29.5′′ N, 122°22′57.4′′ W, 

during transit and arrival to position 

37°47′42.60′′ N, 122°23′19.10′′ W. 

(2) From 11:45 p.m. on December 31, 

2010 until 12:30 a.m. on January 1, 

2011, the temporary safety zone will 

increase in size to 1,000 feet at position 

37°47′42.60′′ N, 122°23′19.10′′ W. At 

12:30 a.m. on January 1, 2011, this 

safety zone will terminate. 

(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 

operating a Coast Guard vessel and a 

Federal, State, and 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, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or the COTP’s designated 

representative. 

(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 

zones on VHF–16 or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from 11 a.m. on 

December 31, 2010 until 12:30 a.m. on 

January 1, 2011. 

Dated: December 16, 2010. 

C.L. Stowe, 

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

Port San Francisco. 

[FR Doc. 2010–32802 Filed 12–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1087] 

RIN 1625–AA87 

Security Zone, Michoud Slip Position 

30≥0′34.2′′ N, 89≥55′40.7′′ W to Position 

30≥0′29.5′′ N, 89≥55′52.6′′ W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Captain of the Port of 

New Orleans, under the authority of the 

Magnuson Act, 33 CFR sections 165.30 

and 165.33, has established a security 

zone for the Michoud Slip 

encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W to 

position 30°0′29.5′′ N, 89°55′52.6′′ W 

across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

DATES: This rule is effective from 

January 1, 2011, through December 31, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1087 and are available online by going 

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

USCG–2010–1087 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 Lieutenant 

Commander (LCDR) Eva VanCamp, 

Sector New Orleans, Coast Guard; 

telephone 504–365–2392, e-mail 

Eva.VanCamp@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81857 

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 it 

would be impracticable and contrary to 

public interest to delay the rule. 

Immediate action is necessary to protect 

the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature after a current temporary 

final rule (75 FR 65236, October 22, 

2010) providing a security zone for this 

area expires. 

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. This security zone is needed to 

protect the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature. Delaying the effective 

date of this temporary final rule is 

impracticable and contrary to public 

interest. 

Basis and Purpose 

An investigation associated with the 

Deepwater Horizon incident is currently 

taking place in the vicinity of Michoud 

Slip. As noted above, a security zone is 

currently established (75 FR 65236, 

October 22, 2010). It encompasses the 

entire slip from position 30°0′34.2′′ N, 

89°55′40.7′′ W to position 30°0′29.5′′ N, 

89°55′52.6′′ W across the mouth of the 

slip. Vessels will not be allowed to enter 

this security zone without the 

permission of the Captain of the Port, 

New Orleans. This security zone is 

necessary to protect the Deepwater 

Horizon blowout preventer and adjacent 

piers and infrastructure from 

destruction, loss or injury from sabotage 

or other subversive acts, accidents or 

other causes of a similar nature. 

Discussion of Rule 

A security zone is an area of land, 

water, or land and water established for 

a designated period of time to prevent 

damage or injury to a specified vessel, 

waterfront facility or to safeguard ports, 

harbors, territories, or waters of the 

United States. This security zone 

encompasses the Michoud Slip and 

adjacent piers where the Deepwater 

Horizon blowout preventer is located 

and is intended to protect and safeguard 

the blowout preventer from destruction, 

loss, or injury from sabotage or other 

subversive acts, accidents, or other 

causes of a similar nature. This security 

zone is necessary until all investigations 

related to the Deepwater Horizon are 

complete and the blowout preventer is 

no longer needed for matters relating to 

the Deepwater Horizon. 

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. 

Because of its location, the impacts of 

this security zone on routine navigation 

are expected to be minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels, intending to transit the 

Michoud Slip, encompassing the entire 

slip from position 30°0′34.2′′ N, 

89°55′40.7′′ W to position 30°0′29.5′′ N, 

89°55′52.6′′ W across the mouth of the 

slip. This security zone will not have 

significant impact on a substantial 

number of small entities because of its 

location. If you are a small business 

entity and are significantly affected by 

this regulation please contact Lieutenant 

Commander (LCDR) Eva VanCamp, 

Sector New Orleans, at 504–365–2392, 

or e-mail Eva.VanCamp@uscg.mil. 

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. 


srobinson on DSKHWCL6B1PROD with RULES
81858 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

Taking of Private Property 

This rule will not affect 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. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be uploaded to the 

docket as 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; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.06–1, 6.05–6 AND 160.5; Pub. L. 

107–295, 116 STAT. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T08–1087 is 

added to read as follows: 

§ 165.T08–1087 Security Zone, Michoud 

Slip. 

(a) Location. The following area is a 

security zone: Michoud Slip, 

encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W to 

position 30°0′29.5′′ N, 89°55′52.6′′ W 

across the mouth of the slip. 

(b) Effective period. This section is 

effective from January 1, 2011, through 

December 31, 2011. 

(c) Regulations. (1) In accordance with 

the general regulation in 33 CFR part 

165, subpart D, vessels are prohibited 

from entering or transiting the security 

zone created by this section. 

(2) Persons or vessels requiring 

deviations from this rule must request 

permission from the Captain of the Port 

New Orleans. The Captain of the Port 

New Orleans may be contacted at 

telephone (504) 365–2543. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port New Orleans and 

designated personnel. Designated 

personnel include commissioned, 

warrant and petty officers of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector New 

Orleans. 

Dated: December 8, 2010. 

E.M. Stanton, 

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

Port New Orleans. 

[FR Doc. 2010–32720 Filed 12–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0811–201070; FRL– 

9244–4] 

Approval and Promulgation of 

Implementation Plans; Mississippi: 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the State 

Implementation Plan (SIP), submitted 

by the State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ), to EPA 

on September 14, 2010, for parallel 

processing. MDEQ submitted the final 

version of this SIP revision on December 

9, 2010. The SIP revision incorporates 

updates to MDEQ’s air quality 

regulations impacting the regulation of 

greenhouse gas (GHG) under 

Mississippi’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program. Specifically, the SIP 

revision establishes appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

Mississippi’s PSD permitting 

requirements for their GHG emissions. 

The change is necessary because 

without it, on January 2, 2011, PSD 

requirements would apply at the 100 or 

250 tons per year (tpy) levels otherwise 


srobinson on DSKHWCL6B1PROD with RULES