8806 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

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 the establishment of a 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. 

0170.01. 

■ 2. Add § 165.T11–289 to read as 

follows: 

§ 165.T11–289 Safety Zone; NASSCO 

Launching of USNS Charles Drew, San 

Diego Bay, San Diego, CA. 

(a) Location. The safety zone 

encompasses the navigable waters 

encompassed by the following 

coordinates: 

Beginning at 32°41.39′ N, 117°08.66′ 

W; thence to 

32°41.24′ N, 117°09.05′ W; thence to 

32°41.05′ N, 117°08.73′ W; thence to 

32°41.20′ N, 117°08.34′ W; 

thence north along the shoreline back 

to 32°41.39′ N, 117°08.66′ W. 

(b) Enforcement Period. This section 

will be enforced from 6:30 a.m. until 

8:30 a.m. on February 27, 2010. If the 

event concludes prior to the scheduled 

termination time, the COTP 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, 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) No person or 

vessel may enter or remain in a safety 

zone without the permission of the 

COTP or his designated 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 must 

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 or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: February 16, 2010. 

D.L. Leblanc, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port San Diego. 

[FR Doc. 2010–3964 Filed 2–23–10; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[Docket No. E8–27047J] 

RIN 1024–AD71 

Special Regulation: Areas of the 

National Park System, National Capital 

Region; Correction 

AGENCY: National Park Service, Interior. 

ACTION: Correcting amendments. 

SUMMARY: The National Park Service 

(NPS) published the final rule governing 

viewing of the Inaugural Parade by the 

Presidential Inaugural Committee in the 

Federal Register on November 17, 2008. 

That document inadvertently left out 

text that was intended to be retained 

from the previous regulation. That 

document also retained a paragraph that 

should have been removed. This 

document makes correcting 

amendments restoring the missing text 

to the appropriate paragraph, and 

removing the unnecessary paragraph. 

DATES: Effective Date: February 26, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

National Park Service, Regional Director 

of the National Capital Region, 1100 

Ohio Drive, SW., Room 336, 

Washington, DC 20242. 

SUPPLEMENTARY INFORMATION: 

On November 17, 2008 (73 FR 67739), 

the National Park Service published a 

final rule to revise the special 

regulations for the National Capital 

Parks in Washington, DC. The purposes 

of the revision were to: (1) Clarify the 

regulations on issuance of permits for 

events in National Capital Parks, (2) 

respond to a decision of the U.S. District 

Court for the District of Columbia 

related to practice and procedure of 

permit application processing for the 

Presidential Inaugural Committee, and 

(3) provide more public access to park 

areas along the inaugural parade route. 

The paragraph revised was entitled 

‘‘Permit processing’’. 

Through a formatting error, the 

portion of the paragraph that notified 

the public of conditions under which a 

permit could be denied was omitted. 

That same formatting error resulted in a 

duplicate paragraph. Paragraph (g)(5)(iv) 

was revised and redesignated (g)(4)(vi), 

but the old paragraph (g)(5)(iv) was 

retained in error. This correction 

restores the omitted language, 

unchanged in wording or content, to the 

paragraph on permit processing, 

removes the old duplicate paragraph, 

and redesignates the sections after it to 

restore correct numbering. 

Need for Correction 

As published and codified, the 

regulation omitted important 

information that the public needs in 

order to plan a demonstration in a time, 

place, and manner that will increase the 

chances of approval of the permit by the 

National Park Service. It also contained 

a duplicate paragraph that could cause 

confusion in interpretation of the 

regulation. 

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements. 

■ In consideration of the reasons stated 

in the preamble, the National Park 

Service makes the following correcting 

amendments to 36 CFR part 7: 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 8807 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for Part 7 

continues to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 

7.96 also issued under D.C. Code 10– 

137(2001) and D.C. Code 50–2201 (2001). 

■ 2. In section 7.96: 

■ a. Add paragraph (g)(4)(vii); 

■ b. Remove paragraph (g)(5)(iv); and 

■ c. Redesignate paragraphs (g)(5)(v) 

through (g)(5)(xiv) as paragraphs 

(g)(5)(iv) through (g)(5)(xiii), 

respectively. 

The addition reads as follows: 

§ 7.96 National Capital Region. 

* * * * * 

(g) * * * 

(4) * * * 

(vii) A permit may be denied in 

writing by the Regional Director upon 

the following grounds: 

(A) A fully executed prior application 

for the same time and place has been 

received, and a permit has been or will 

be granted authorizing activities which 

do not reasonably permit multiple 

occupancy of the particular area; in that 

event, an alternate site, if available for 

the activity, will be proposed by the 

Regional Director to the applicant. 

(B) It reasonably appears that the 

proposed demonstration or special 

event will present a clear and present 

danger to the public safety, good order, 

or health. 

(C) The proposed demonstration or 

special event is of such a nature or 

duration that it cannot reasonably be 

accommodated in the particular area 

applied for; in that event, the Regional 

Director shall propose an alternate site 

to the applicant, if available for the 

activity; in this connection, the Regional 

Director shall reasonably take into 

account possible damage to the park, 

including trees, shrubbery, other 

plantings, park installations and statues. 

(D) The application proposes 

activities contrary to any of the 

provisions of this section or other 

applicable law or regulation. 

* * * * * 

Dated: January 20, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–3337 Filed 2–25–10; 8:45 am] 

BILLING CODE 4312–52–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2010–0044; FRL–9111–2] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; State of 

Arizona, Maricopa County Air Quality 

Department; State of Nevada, Nevada 

Division of Environmental Protection, 

Washoe County District Health 

Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending certain 

regulations to reflect the current 

delegation status of national emission 

standards for hazardous air pollutants 

(NESHAP) in Arizona and Nevada. 

Several NESHAP were delegated to the 

Maricopa County Air Quality 

Department, Nevada Division of 

Environmental Protection, and Washoe 

County District Health Department 

within the past 18 months. The purpose 

of this action is to update the listing in 

the Code of Federal Regulations. 

DATES: This rule is effective on April 27, 

2010 without further notice, unless EPA 

receives adverse comments by March 

29, 2010. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0044, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or delivery: Andrew Steckel 

(AIR–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. Delegation of NESHAP 

B. Maricopa County Delegations 

C. Nevada Delegations 

D. Washoe County Delegations 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

A. Delegation of NESHAP 

Section 112(l) of the Clean Air Act, as 

amended in 1990 (CAA), authorizes 

EPA to delegate to State or local air 

pollution control agencies the authority 

to implement and enforce the standards 

set out in the Code of Federal 

Regulations, Title 40 (40 CFR), Part 63, 

National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories. On November 26, 1993, EPA 

promulgated regulations, codified at 40 

CFR Part 63, Subpart E (hereinafter 

referred to as ‘‘Subpart E’’), establishing 

procedures for EPA’s approval of State 

rules or programs under section 112(l) 

(see 58 FR 62262). Subpart E was later 

amended on September 14, 2000 (see 65 

FR 55810). 

Any request for approval under CAA 

section 112(l) must meet the approval 

criteria in 112(l)(5) and Subpart E. To 

streamline the approval process for 

future applications, a State or local 

agency may submit a one-time 

demonstration that it has adequate 

authorities and resources to implement 


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