Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81469 

northeasterly to 47–37.611N, 122– 

22.678W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port or designated 

representative. Designated 

representatives are Coast Guard 

personnel authorized by the Captain of 

the Port to grant persons or vessels 

permission to enter or remain in the 

safety zone created by this section. See 

33 CFR part 165, subpart C, for 

additional information and 

requirements. 

(c) Enforcement Period. The safety 

zone created in this section is effective 

from 12:01 a.m. on December 14, 2010 

until 11:59 p.m. on April 15, 2011 

unless canceled sooner by the Captain 

of the Port. 

Dated: December 10, 2010. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2010–32543 Filed 12–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1082] 

RIN 1625–AA00 

Safety Zone; Allegheny River, 

Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

extending the entire width of the river 

between mile markers 0.6 and 0.8 on the 

Allegheny River. The safety zone is 

needed to protect the public from the 

hazards associated with the First Night 

Pittsburgh fireworks display. Entry into, 

movement within, and departure from 

this Coast Guard safety zone, while it is 

activated and enforced, is prohibited, 

unless authorized by the Captain of the 

Port or a designated representative. 

DATES: This rule is effective from 5:30 

p.m. until 6:45 p.m. on December 31, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1082 and are available online by going 

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

USCG–2010–1082 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Robyn 

Hoskins, Marine Safety Unit Pittsburgh, 

Coast Guard; telephone 412–644–5808, 

e-mail Robyn.G.Hoskins@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. Publishing a 

NPRM would be impracticable because 

immediate action is needed to protect 

the public due to the First Night 

Pittsburgh fireworks display that will 

occur in the city of Pittsburgh, PA. 

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. Publishing an NPRM and 

delaying its effective date would be 

impracticable based on the short notice 

received for the event and the short 

period that the safety zone will be in 

place. Immediate action is needed to 

provide safety and protection during the 

First Night Pittsburgh fireworks display 

that will occur in the city of Pittsburgh, 

PA. 

Background and Purpose 

The First Night Pittsburgh fireworks 

display is scheduled to take place on 

December 31, 2010, on the Allegheny 

River. A safety zone is needed to protect 

the public from the hazards associated 

with the fireworks display. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone extending the 

entire width of the river between mile 

markers 0.6 and 0.8 on the Allegheny 

River. Vessels shall not enter into, 

depart from, or move within this safety 

zone without permission from the 

Captain of the Port Pittsburgh or his 

authorized representative. Persons or 

vessels requiring entry into or passage 

through a safety zone must request 

permission from the Captain of the Port 

Pittsburgh, or a designated 

representative. They may be contacted 

on VHF–FM Channel 13 or 16, or 

through Coast Guard Sector Ohio Valley 

at 1–800–253–7465. This rule will be 

effective from 5:30 p.m. to 6:45 p.m. on 

December 31, 2010. The Captain of the 

Port Pittsburgh will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

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. 

This rule will be in effect for a short 

period of time and notifications to the 

marine community will be made 

through broadcast notices to mariners. 

The impacts 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. 


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81470 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit that portion 

of the waterways between mile markers 

0.6 and 0.8 on the Allegheny River, 

extending the entire width of the river. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced for a short period of time, on 

a weekend day, and during a time when 

vessel traffic is low. 

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 (adjusted for 

inflation) in any one year. Though this 

rule will not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves 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, 

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(g), 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–1082 to read as 

follows: 

§ 165.T08–1082 Safety Zone; Allegheny 

River, Pittsburgh, PA. 

(a) Location. The following area is a 

safety zone: All waters of the Allegheny 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81471 

River, extending the entire width of the 

river between mile markers 0.6 and 0.8 

on the Allegheny River. These markings 

are based on the USACE’s Allegheny 

River Navigation Charts (Chart 1, 

January 2004). 

(b) Periods of Enforcement. This rule 

will only be enforced from 5:30 p.m. 

through 6:45 p.m. on December 31, 

2010. The Captain of the Port Pittsburgh 

or a designated representative will 

inform the public through broadcast 

notices to mariners of the enforcement 

period for the safety zone as well as any 

changes in the planned schedule. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Pittsburgh. 

(2) Persons or vessels requiring entry 

into or passage through a safety zone 

must request permission from the 

Captain of the Port Pittsburgh or a 

designated representative. They may be 

contacted on VHF–FM Channel 13 or 

16, or through Coast Guard Sector Ohio 

Valley at 1–800–253–7465. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Pittsburgh and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel includes 

Commissioned, Warrant, and Petty 

Officers of the U.S. Coast Guard. 

Dated: December 6, 2010. 

R.V. Timme, 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2010–32511 Filed 12–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0808; FRL–9243–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Sulfur Dioxide SIP Revision 

for Marathon Petroleum St. Paul Park 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On October 6, 2009, 

Minnesota submitted a request for a 

sulfur dioxide State Implementation 

Plan revision for Marathon Petroleum in 

St. Paul Park. This submittal updates 

the State Implementation Plan to reflect 

the installation of new boilers and a 

sulfur recovery unit and changes to 

three existing heaters. Overall, this 

update represents a decrease in sulfur 

dioxide emissions. EPA is approving 

these revisions under the Clean Air Act. 

DATES: This direct final rule will be 

effective February 28, 2011, unless EPA 

receives adverse comments by January 

27, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0808, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312)408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0808. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Mary 

Portanova, Environmental Engineer, at 

(312) 353–5954 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Mary Portanova, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–5954, 

portanova.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What has changed in the SIP? 

III. Air Quality Analysis 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On October 6, 2009, Minnesota 

submitted a site-specific sulfur dioxide 

(SO2) State Implementation Plan (SIP) 

revision request for Marathon Petroleum 

Co, LLC, (Marathon) in the Saint Paul 

Park area of Minneapolis-St.Paul, 

Minnesota. This area had been 

designated as nonattainment of the SO2

National Ambient Air Quality Standards 

(NAAQS) in 1979, but was redesignated 

to attainment for SO2 on May 13, 1997 

(62 FR 26230), after meeting the 

requirements of the Clean Air Act and 


srobinson on DSKHWCL6B1PROD with RULES