50124 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

deviation is necessary to facilitate 

timber replacement at the bridge. This 

deviation will allow the bridge owner to 

require a one-hour advance notice for 

bridge openings between 9:30 a.m. and 

2:30 p.m. on seven Mondays in 

September and October 2011. 

DATES: This deviation is effective from 

September 12, 2011 through October 24, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0762 and are available online at http:// 

www.regulations.gov, inserting USCG– 

2011–0762 in the ‘‘Keyword’’ 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 rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

(212) 668–7165. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Hack 

Freight Bridge, across the Hackensack 

River at mile 3.1 has a vertical clearance 

in the closed position of 11 feet at mean 

high water and 16 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.723. 

The waterway supports commercial 

vessels of various sizes. 

The owner of the bridge, Conrail, 

requested a temporary deviation to 

facilitate timber replacement at the 

bridge and to allow sufficient time to 

clear the bridge of equipment in order 

to provide openings. 

Under this temporary deviation the 

Hack Freight Bridge, mile 3.1, across the 

Hackensack River may require a onehour advance notice for bridge openings 

between 9:30 a.m. and 2:30 p.m. on 

September 12, 19, and 26 and October 

3, 10, 17, and 24, 2011. Mariner may 

provide the advance notice by calling 

either the number posted at the bridge 

or via marine radio VHF–FM Channel 

13 or 16. Vessels that can pass under the 

bridge without a bridge opening may do 

so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 2, 2011. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–20500 Filed 8–11–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0738] 

Drawbridge Operation Regulation; 

China Basin, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Third 

Street Drawbridge across China Basin, 

mile 0.0, at San Francisco, CA. The 

deviation is necessary to allow the 

bridge to be part of the race course for 

the scheduled AT&T Giant Race event. 

This deviation allows the bridge to 

remain in the closed-to-navigation 

position during the deviation period. 

DATES: This deviation is effective from 

7 a.m. to 12 p.m. on August 27, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of the docket USCG– 

2011–0738 and are available online by 

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

inserting USCG–2011–0738 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 rule, call or 

e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, e-mail 

David.H.Sulouff@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The City 

of San Francisco requested a temporary 

change to the operation of the Third 

Street Drawbridge, mile 0.0, over China 

Basin, at San Francisco, CA. The Third 

Street Drawbridge navigation span 

provides a vertical clearance of 7 feet 

above Mean High Water in the closedto-navigation position. The draw opens 

on signal if at least one hour notice is 

given as required by 33 CFR 117.149. 

Navigation on the waterway is 

recreational. 

The drawspan will be secured in the 

closed-to-navigation position 7 a.m. to 

12 p.m. on August 27, 2011, to allow 

running of the AT&T Giant Race event. 

This temporary deviation has been 

coordinated with the waterway users. 

No objections to the proposed 

temporary deviation were raised. The 

drawspan can be operated upon one 

hour advance notice for emergencies 

requiring the passage of waterway 

traffic. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, may continue to do so at any 

time. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 1, 2011. 

D.H. Sulouff, 

Bridge Section Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2011–20503 Filed 8–11–11; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0671] 

RIN 1625–AA00 

Safety Zones; August and September 

Fireworks and Swimming Events in 

Captain of the Port Boston Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones for 

marine events within the Captain of the 

Port (COTP) Boston Zone. This action is 

necessary to provide for the safety of life 

on navigable waters during the events. 

Entering into, transiting through, 

mooring or anchoring within these 

zones is prohibited unless authorized by 

the COTP Boston. 

DATES: This rule is effective in the CFR 

from August 12, 2011 to 11:59 p.m. on 

September 18, 2011. This rule is 

effective with actual notice for the 


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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50125 

purposes of enforcement from 9 p.m. on 

August 6 to 10 p.m. on September 18, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0671 and are available online by going 

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

USCG–2011–0671 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 MST1 David Labadie 

of the Waterways Management Division, 

U.S. Coast Guard Sector Boston; 

telephone 617–223–3010, e-mail 

david.j.labadie@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 any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest 

since immediate action is needed to 

provide for the safety of life and 

property on navigable waters from the 

hazardous nature of swimming and 

fireworks events. 

Sponsors stated they are unwilling or 

unable to reschedule these events 

because they are held in conjunction 

with other activities or because the 

events are scheduled based on favorable 

predicted tide and current conditions 

which promote the safety of 

participants. Rescheduling would not be 

a viable option because most event 

locations have fully booked marine 

event summer schedules, making 

rescheduling unrealistic. 

The Coast Guard intends to make 

these safety zones permanent 

regulations and there is a NPRM 

published in the Federal Register 

requesting public comments under 

docket number USCG–2011–0109. 

Additionally, the Coast Guard has 

ordered safety zones or special local 

regulations for all of these areas for past 

events and has not received public 

comments or concerns regarding the 

impact to waterway traffic from those 

events. 

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. Any delay in the effective date 

of this rule would expose spectators, 

vessels and other property to the 

hazards associated with pyrotechnics 

used in the fireworks displays. Delaying 

the effective date by first publishing a 

NPRM would be contrary to the rule’s 

objectives of ensuring safety of life on 

the navigable waters during these 

scheduled events as immediate action is 

needed to protect persons and vessels 

from the hazardous nature of fireworks 

and swimming events. 

Basis and Purpose 

The legal basis for the temporary rule 

is 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 

195; Public Law 107–295, 116 Stat. 

2064; and Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define safety zones. 

Based on the potential hazards of 

swim and fireworks events, the COTP 

Boston has determined that safety zones 

are necessary to protect the safety of all 

waterway users including event 

participants and spectators; this 

temporary rule establishes temporary 

safety zones for the time and location of 

each event. 

This rule prevents vessels from 

entering into, transiting through, 

mooring or anchoring within areas 

specifically designated as regulated 

areas during the periods of enforcement 

unless authorized by the COTP, or the 

designated representative. 

Discussion of Rule 

This temporary rule creates safety 

zones for various fireworks and swim 

events in the COTP Boston Zone. These 

events are listed below in the text of the 

regulation. 

Because spectator vessels are 

expected to congregate around the 

location of these events, the regulated 

areas are needed to protect both 

spectators and participants from the 

safety hazards created by swimming 

events (including marine casualties and 

the risk of boat collisions with 

swimmers in the water that may cause 

death or serious bodily harm) and by 

fireworks (including obstructions to the 

waterway that may cause marine 

casualties and the explosive danger of 

fireworks and debris falling into the 

water that may cause death or serious 

bodily harm). During the enforcement 

period of the regulated areas, persons 

and vessels are prohibited from entering 

into, transiting through, anchoring or 

mooring within the zone unless 

specifically authorized by the COTP or 

the designated representatives. The 

Coast Guard may be assisted by other 

Federal, state and local agencies in the 

enforcement of these regulated areas. 

The Coast Guard determined that 

these regulated areas will not have a 

significant impact on vessel traffic due 

to their temporary nature and limited 

size and the fact that vessels are allowed 

to transit the navigable waters outside of 

the regulated areas. Additionally, The 

Coast Guard has ordered safety zones or 

special local regulations for past events 

and has not received public comments 

or concerns regarding the impact to 

waterway traffic. 

Advanced public notifications will 

also be made to the local maritime 

community by the Local Notice to 

Mariners as well as Broadcast Notice to 

Mariners. 

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. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The regulated 

areas will be of limited duration, they 

cover only a small portion of the 

navigable waterways, and the events are 

designed to avoid, to the extent 

possible, deep draft, fishing, and 

recreational boating traffic routes. In 

addition, vessels requiring entry into the 

area of the regulated areas may be 

authorized to do so by the COTP Boston. 


erowe on DSK5CLS3C1PROD with RULES
50126 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

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 or anchor in 

the designated regulated area during the 

enforcement periods stated for each 

event. 

The temporary safety zones will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: The regulated 

areas will be of limited size and of short 

duration, and vessels that can safely do 

so may navigate in all other portions of 

the waterways except for the areas 

designated as regulated areas. 

Additionally, before the effective 

period, the Coast Guard will issue 

notice of the time and location of each 

regulated area through a Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

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 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 the establishment of temporary 

safety zones. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 


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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50127 

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. 

Chapters 701, 3306, 3703; 33 CFR 1.05–1 and 

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0671 to read as 

follows: 

§ 165.T01–0671 Safety Zones; August and 

September Fireworks and Swimming 

Events in Captain of the Port Boston Zone 

(a) Regulations. The general 

regulations contained in 33 CFR 165.23 

as well as the following regulations 

apply to the swimming events listed in 

Table 1 of § 165.T01–0671 and the 

fireworks events listed in Table 2 of 

§ 165.T01–0671. These regulations will 

be enforced for the duration of each 

event. Notifications of exact dates and 

times of the enforcement period will be 

made to the local maritime community 

through the Local Notice to Mariners 

and Broadcast Notice to Mariners. First 

Coast Guard District Local Notice to 

Mariners can be found at http:// 

www.navcen.uscg.gov/. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated Representative. Any 

Coast Guard commissioned, warrant or 

petty officer of the U.S. Coast Guard 

who has been designated by the COTP 

Boston, to act on his or her behalf. The 

designated representative may be on an 

official patrol vessel or may be on shore 

and will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official Patrol Vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP Boston. 

(3) Spectators. All persons and vessels 

not registered with the event sponsor as 

participants or official patrol vessels. 

(c) Vessel operators desiring to enter 

or operate within the regulated areas 

should contact the COTP Boston or the 

designated representative via VHF 

channel 16 to obtain permission to do 

so. 

(d) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of event participants or official 

patrol vessels in the regulated areas 

during the effective dates and times, or 

dates and times as modified through the 

Local Notice to Mariners, unless 

authorized by COTP Boston or the 

designated representative. 

(e) Upon being hailed by a U.S. Coast 

Guard vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(f) The COTP Boston or the designated 

representative may delay or terminate 

any marine event in this subpart at any 

time it is deemed necessary to ensure 

the safety of life or property. 

(g) The regulated area for all 

swimming events listed in Table 1 of 

§ 165.T01–0671 and fireworks events in 

Table 2 of § 165.T01–0671 is that area of 

navigable waters within the area 

described in the table as the ‘‘Location.’’ 

TABLE 1 OF § 165.T01–0671 

1.8 August 

1.8.1 Gloucester Fisherman’s Triathlon .......................................................................... • Date: August 7, 2011. 

• Time: 7 a.m. to 10:30 a.m. 

• Location: All waters of Gloucester Harbor near 

Pavillion Beach within the following points (NAD 83): 

42°36.6′ N, 070°40.2′ W. 

42°36.6′ N, 070°40.3′ W. 

42°36.5′ N, 070°40.0′ W. 

42°36.5′ N, 070°39.9′ W. 

1.8.2 Urban Epic Boston Triathlon .................................................................................. • Date: August 8, 2011. 

• Time: 7 a.m. to 10 a.m. 

• Location: All waters of Dorchester Bay near Carson 

Beach within the following points (NAD 83): 

42°19.6′ N, 071°2.8′ W. 

42°19.6′ N, 071°2.5′ W. 

42°19.5′ N, 071°2.5′ W. 

42°19.4′ N, 071°2.8′ W. 

1.8.3 Swim and Fin Race for Salem Sound ................................................................... • Date: August 27, 2011. 

• Time: 10 a.m. to 2 p.m. 

• Location: All waters of Salem Sound within the following points (NAD 83): 

42°30.7′ N, 070°53.2′ W. 

42°30.8′ N, 070°53.0′ W. 

42°30.3′ N, 070°52.7′ W. 

42°30.2′ N, 070°52.8′ W. 

TABLE 2 OF § 165.T01–0671 

2.8 August 

2.8.1 Yankee Homecoming Fireworks ............................................................................ • Date: August 6, 2011. 

• Rain Date: August 7, 2011. 

• Time: 9 p.m. to 10:30 p.m. 


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50128 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

TABLE 2 OF § 165.T01–0671—Continued 

2.8 August 

• Location: All waters of the Merrimack River near 

Newburyport, MA, within a 420-foot radius of position 

(NAD 83): 42°49.0′ N, 070°52.7′ W. 

2.8.2 Haverhill River Ruckus Fireworks .......................................................................... • Date: August 20, 2011. 

• Rain Date: August 21, 2011. 

• Time: 9 p.m. to 10 p.m. 

• Location: All waters of the Merrimack River near Haverhill, MA, within a 210-foot radius of position (NAD 

83): 42°46.3′ N, 071°5.1′ W. 

2.9 September 

2.9.1 Federal Realty Fireworks ....................................................................................... • Date: September 17, 2011. 

• Rain Date: September 18, 2011. 

• Time: 8:30 p.m. to 10 p.m. 

• Location: All waters of the Mystic River near Somerville, MA within a 280-foot radius of position (NAD 

83): 42°23.9′ N, 071°4.8′ W. 

Dated: August 2, 2011. 

J.N. Healey, 

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

Port Boston. 

[FR Doc. 2011–20501 Filed 8–11–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0416; FRL–9446–7] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

oxides of nitrogen (NOX) and oxides of 

sulfur (SOX) emissions from facilities 

emitting 4 tons or more per year of NOX

or SOX in the year 1990 or any 

subsequent year under the SCAQMD’s 

Regional Clean Air Incentives Market 

(RECLAIM) program. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on September 12, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0416 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://www.regulations.

gov or in hard copy at EPA Region IX, 

75 Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at http://www.

regulations.gov, some information may 

be publicly available only at the hard 

copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be available 

in either location (e.g., confidential 

business information (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: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 27, 2011 (76 FR 30896), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule # Rule title Adopted Submitted 

SCAQMD .................................... 2002 Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur 

(SOX).

11/05/10 04/05/11 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule comply with the relevant 

CAA requirements. Therefore, as 

authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 


erowe on DSK5CLS3C1PROD with RULES