37712 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

Corrections to Regulatory Text 

§ 91.225 [Corrected] 

1. On page 30193, in the third 

column, amend § 91.225 (c) by revising 

‘‘§ 21.618’’ to read ‘‘§ 21.609.’’ 

§ 91.227 [Corrected] 

2. On page 30195, in the second 

column, amend § 91.227 (f) by revising 

‘‘§ 21.618’’ to read ‘‘§ 21.609.’’ 

Issued in Washington, DC, on June 24, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–15852 Filed 6–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2007–29305; Amdt. No. 

91–316] 

RIN 2120–AI92 

Automatic Dependent Surveillance— 

Broadcast (ADS–B) Out Performance 

Requirements To Support Air Traffic 

Control (ATC) Service; Technical 

Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is making minor 

technical changes to a final rule 

published in the Federal Register on 

May 28, 2010. In that final rule the FAA 

amended its regulations to add equipage 

requirements and performance 

standards for Automatic Dependent 

Surveillance—Broadcast (ADS–B) Out 

avionics on aircraft operating in Classes 

A, B, and C airspace, as well as certain 

other specified classes of airspace 

within the U.S. National Airspace 

System (NAS). This technical 

amendment changes a cross reference to 

a section in part 21 subpart O to be 

consistent with revisions to that 

subpart. 

DATES: Effective April 16, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Vincent Capezzuto, 

Surveillance and Broadcast Services, 

AJE–6, Air Traffic Organization, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

385–8637; e-mail 

vincent.capezzuto@faa.gov. 

For legal questions concerning this 

final rule, contact Lorelei Peter, Office 

of the Chief Counsel, AGC–220, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone 202– 

267–3134; e-mail lorelei.peter@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 16, 2009, the FAA 

published a separate rulemaking 

entitled ‘‘Production and Airworthiness 

Approval, Part Marking, and 

Miscellaneous Amendments’’ (74 FR 

53368) in which the FAA revised part 

21 subpart O. As part of that revision, 

current § 21.609 Approval for deviation 

was renumbered as § 21.618, effective 

April 14, 2010. 

On May 28, 2010, the FAA published 

a final rule entitled, ‘‘Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) Out Performance Requirements 

To Support Air Traffic Control (ATC) 

Service’’ (75 FR 30160). In that final 

rule, the FAA referenced § 21.618 

Approval for deviation in both the 

preamble and the regulatory text of 

§§ 91.225 and 91.227. The FAA later 

published a correction to the October 

16, 2009, part 21 rule on March 1, 2010 

(75 FR 9095) changing the effective date 

for the revision of subpart O to April 16, 

2011. The FAA inadvertently did not 

reflect the section is currently numbered 

§ 21.609 and explain that it would 

become § 21.618 on April 16, 2011. 

By a correction document published 

elsewhere in this issue of the Federal 

Register, the FAA is correcting the cross 

reference to read ‘‘§ 21.609’’ in the May 

28, 2010, ADS–B final rule. 

This technical amendment amends 

§§ 91.225 and 91.227 to revise the cross 

references to § 21.609 to read § 21.618 

effective April 16, 2011. 

Discussion of Technical Amendment 

As discussed above, this action makes 

the appropriate amendatory change to 

revise cross references to § 21.609 to 

read ‘‘§ 21.618’’ in §§ 91.225 and 91.227. 

This amendment will not impose any 

additional restrictions on operators 

affected by these regulations. 

On April 16, 2011, the effective date 

of this technical amendment, the cross 

reference appearing on page 30164 in 

the preamble of the May 28, 2010, final 

rule, which now reads ‘‘§ 21.618’’ and is 

being corrected to read ‘‘§ 21.609’’ 

elsewhere in this issue of the Federal 

Register, will revert to reading 

‘‘§ 21.618.’’ 

List of Subjects in 14 CFR Part 91 

Aircraft, Airmen, Air traffic control, 

Aviation safety, Incorporation by 

Reference, Reporting and recordkeeping 

requirements. 

The Amendment 

■ Accordingly, title 14 of the Code of 

Federal Regulations (CFR) part 91 is 

amended as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44704, 

44709, 44711, 44712, 44715, 44716, 44717, 

44722, 46306, 46315, 46316, 46504, 46506– 

46507, 47122, 47508, 47528–47531, articles 

12 and 29 of the Convention on International 

Civil Aviation (61 stat.1180). 

§ 91.225 [Amended] 

■ 2. Amend § 91.225 (c) by revising 

‘‘§ 21.609’’ to read ‘‘§ 21.618.’’ 

§ 91.227 [Amended] 

■ 3. Amend § 91.227 (f) by revising 

‘‘§ 21.609’’ to read ‘‘§ 21.618.’’ 

Issued in Washington, DC, on June 24, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–15853 Filed 6–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 154 and 155 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[Docket No. USCG–2010–0592; EPA–HQ– 

OPA–2010–0559] 

RIN 1625–AB49; 2050–AG63 

Temporary Suspension of Certain Oil 

Spill Response Time Requirements To 

Support Deepwater Horizon Oil Spill of 

National Significance (SONS) 

Response 

AGENCIES: Coast Guard, DHS, and 

Environmental Protection Agency. 

ACTION: Emergency temporary interim 

rule. 

SUMMARY: This joint Coast Guard and 

Environmental Protection Agency (EPA) 

temporary interim rule will suspend oil 

spill response time requirements, and 

certain identification and location 

requirements, for facilities and vessels 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37713 

whose response resources are relocated 

in support of the Deepwater Horizon 

SONS response. By providing oil spill 

removal organizations (OSROs), and 

facilities and vessels with their own 

response resources, with the temporary 

opportunity to relocate response 

resources from current locations to the 

Gulf of Mexico, this rule directly assists 

in the urgently needed immediate 

relocation of nationwide oil spill 

response resources to the Gulf of Mexico 

to aid in the response to the Deepwater 

Horizon SONS. The rule also provides 

notice that the Federal On-Scene 

Coordinator for the Deepwater Horizon 

SONS has requested the Armed Forces 

to relocate Armed Forces oil spill 

response resources, in particular those 

of the Navy, from their current locations 

to the Gulf of Mexico to aid in the 

response to the Deepwater Horizon 

SONS. 

DATES: Effective Date: This rule is 

effective from June 30, 2010 through 

December 31, 2010. 

Comment Period: Comments and 

related material must reach the Coast 

Guard or EPA at the ADDRESSES listed 

below on or before August 16, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0592; EPA–HQ–OPA–2010–0559 

using any one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: Coast Guard, 202–493–2251; 

EPA, 202–566–9744, Attention Docket 

ID No. EPA–HQ–OPA–2010–0559. 

• Mail: Coast Guard, Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. EPA, EPA 

Docket Center (EPA/DC), Docket ID No. 

EPA–HQ–OPA–2010–0559, Mail Code 

2822T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• Hand delivery: Coast Guard, same 

as mail address above, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. EPA, EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–OPA–2010– 

0559. Such deliveries are accepted only 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of dockets USCG–2010–0592 and EPA– 

HQ–OPA–2010–0559 and are available 

online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0592 or EPA–HQ–OPA–2010– 

0559 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; and EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 20460, Public 

Reading Room, between 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the EPA Docket Center 

Public Reading Room is 202–566–1744, 

and the telephone number to make an 

appointment to view the docket is 202– 

566–0276. 

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 regulations.gov or email. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail: 

Coast Guard: (Facilities) Mr. David 

Condino, Ports and Facilities Division, 

Coast Guard, telephone 202–372–1145, 

e-mail David.A.Condino@uscg.mil; 

(Vessels) LCDR Ryan Allain, Office of 

Vessel Activities, Coast Guard, 

telephone 202–372–1226, e-mail 

Ryan.D.Allain@uscg.mil. If you have 

questions on viewing the USCG–2010– 

0952 docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

EPA: Troy Swackhammer, U.S. 

Environmental Protection Agency, 

telephone 202–564–1966, e-mail 

swackhammer.j-troy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials on this 

rule and on the environmental effects of 

this rule on the Gulf of Mexico and on 

the areas from which response resources 

could be deployed. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket numbers for this 

rulemaking (USCG–2010–0592; EPA– 

HQ–OPA–2010–0559), indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online (via 

http://www.regulations.gov) or by fax, 

mail or hand delivery, but please use 

only one of these means. If you submit 

a comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

and EPA when you successfully 

transmit the comment. If you fax, hand 

deliver, or mail your comment, it will be 

considered received by the Coast Guard 

and EPA when it is received at either 

the Docket Management Facility or the 

EPA Docket Center. We recommend that 

you include your name and mailing 

address, e-mail address, or telephone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0592’’ or ‘‘EPA–HQ–OPA– 

2010–0559’’ in the ‘‘Keyword’’ box. Click 

‘‘Search’’ then click on the balloon shape 

in the ‘‘Actions’’ column. If you submit 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

Facility, please enclose a stamped, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period 

and may change this rule based on your 

comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 


cprice-sewell on DSKHWCL6B1PROD with RULES
37714 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

0592’’ or ‘‘EPA–HQ–OPA–2010–0559’’ 

and click ‘‘Search.’’ Click the ‘‘Open 

Docket Folder’’ in the ‘‘Actions’’ column. 

You may also visit: the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays (the Coast Guard has an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility); or the EPA 

Docket Center Public Reading Room in 

Room 3334 of the EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC 20460, between 8:30 

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

Friday, excluding legal holidays. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

the dockets in http:// 

www.regulations.gov by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding Coast Guard public 

dockets in the January 17, 2008, issue of 

the Federal Register (73 FR 3316). 

II. Abbreviations 

AMPD Average Most Probable Discharge 

CEQ Council on Environmental Quality 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

EPA Environmental Protection Agency 

FOSC Federal On-Scene Coordinator 

FR Federal Register 

MMPD Maximum Most Probable Discharge 

NEPA National Environmental Policy Act 

of 1969 

NPRM Notice of Proposed Rulemaking 

OMB Office of Management and Budget 

OSRO Oil Spill Removal Organizations 

RFA Regulatory Flexibility Act 

SONS Spill of National Significance 

U.S.C. United States Code 

WCD Worst Case Discharge 

III. Regulatory Information 

The Coast Guard and the 

Environmental Protection Agency (EPA) 

are issuing this temporary interim rule 

without prior notice and opportunity to 

comment pursuant to authority under 

section 4(a) of the Administrative 

Procedure Act (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 and EPA find that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable and contrary to public 

interest to do so for the reasons set forth 

in the following paragraphs. 

This temporary interim rule is part of 

the response to the explosion and 

sinking of the Mobile Offshore Drilling 

Unit ‘‘Deepwater Horizon’’ on April 20, 

2010, causing an unprecedented crude 

oil discharge, which is a Spill of 

National Significance (SONS). Large 

quantities of oil continue to discharge 

into the waters of the Gulf of Mexico. 

Also recently, the Federal On-Scene 

Coordinator (FOSC) for the Deepwater 

Horizon SONS determined, after 

working with the appropriate Federal 

agencies, that an adequate number of 

available U.S. oil spill response vessels 

capable of skimming oil cannot be 

employed in a timely manner to recover 

the oil released from the Deepwater 

Horizon SONS. (Memorandum from 

Rear Admiral J.A. Watson, FOSC BP 

Deepwater Horizon Oil Spill, to 

National Incident Command (June 16, 

2010), available in the docket). 

This temporary interim rule provides, 

in light of these exigent circumstances, 

oil spill removal organizations (OSROs) 

and facilities and vessels with their own 

response resources that are deploying 

response resources in support of the 

response to the Deepwater Horizon 

SONS, with the opportunity to relocate 

additional response resources from their 

current locations to the Gulf of Mexico 

region to aid in the response to the 

Deepwater Horizon SONS. 

This rule also confirms that the FOSC 

for the Deepwater Horizon SONS has 

requested that the Armed Forces 

relocate response resources, in 

particular those of the Navy, from their 

current locations within the continental 

United States to the Gulf of Mexico to 

aid in the response to the Deepwater 

Horizon SONS. This temporary rule is 

necessary to immediately relieve 

facilities and vessels from current 

regulatory requirements that would 

hinder OSROs, and facilities and vessels 

with response resources, in their 

opportunity to participate in the 

Deepwater Horizon SONS response. 

This rule is also necessary to facilitate 

any incorporation of Armed Forces 

response resources into cascade plans 

with private facilities and OSROs. A 

cascade plan contains a strategy to 

maximize arrival times and the 

availability of response resources for 

plan holders when identified response 

resources are being used to respond to 

another facility’s or vessel’s incident. 

OSRO’s often contract their response 

resources to multiple facilities and 

vessels given the unlikelihood of the 

need to respond to simultaneous 

incidents among their clients. To 

account for the unlikely event of 

simultaneous incidents, OSROs utilize 

cascade plans to ensure each of their 

clients will have the necessary response 

resources and meet Coast Guard and 

EPA regulatory response time 

requirements, and EPA response 

equipment identification and location 

requirements. This strategy may include 

the identification of secondary 

resources, or backfilling resources that 

can be accessed through cooperative 

agreements as needed (cascading 

resources), through increased 

partnerships and the increased pooling 

of resources among several OSROs and 

other stakeholders. 

Publishing an NPRM is impractical 

because of the ongoing environmental 

and public health emergency created by 

the unprecedented release of oil from 

the Deepwater Horizon SONS, and the 

environmental damage which would 

occur during any delay in making this 

rule effective, including any time 

devoted to any comment period. In 

addition, publishing an NPRM is 

contrary to the public interest of 

addressing the ongoing environmental 

and public health emergency and 

minimizing environmental damage as 

quickly as possible in response to this 

situation. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard and EPA find that good cause 

exists for making this rule effective 

fewer than 30 days after publication in 

the Federal Register for the same 

reasons discussed in the paragraphs 

above. 

The Coast Guard and EPA request 

comments on this temporary interim 

rule, and will consider all material 

received as well as any evidence 

obtained from the field in order to 

determine whether any changes to this 

rule are necessary. The Coast Guard and 

EPA will perform the first such 

consideration of all material and 

evidence at the close of the comment 

period, and will then consider any new 

or additional material and evidence 

every 30 days thereafter. 

The Coast Guard and EPA have 

coordinated on this emergency 

temporary interim rule because many 

oil spill response plans address both 

Coast Guard and EPA oil spill response 

requirements. Similarly, many regulated 

entities utilize the same oil spill 

response assets for oil spill response 

plans to comply with Coast Guard and 

EPA oil spill response requirements. 

Additionally, States are authorized by 

Federal law to establish oil spill 

response standards more stringent than 

the Coast Guard and EPA. The Coast 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37715 

Guard and EPA, based on their roles and 

responsibilities under 40 CFR 300.175, 

will coordinate and consult with 

Regional Response Teams and Area 

Committees, which include State 

representatives, regarding the need to 

suspend Coast Guard and EPA response 

time requirements, and EPA response 

equipment identification and location 

requirements, as discussed below. 

A. Basis and Purpose 

A major feature of the National 

Response System under the Federal 

Water Pollution Control Act (FWPCA) 

(codified at 33 U.S.C. 1251 et seq.) is the 

requirement that owners and operators 

of facilities and vessels have approved 

response plans that identify and ensure 

the availability of personnel and 

equipment, by contract or other 

approved means, to remove to the 

maximum extent practicable a worst 

case discharge or to mitigate or prevent 

a substantial threat of such a discharge. 

Coast Guard implementing regulations 

establish three levels of specific 

response resources and response times 

for: (1) A worst case discharge (USCGregulated facilities and vessels WCD), 

(2) a maximum most probable discharge 

(MMPD), and (3) an average most 

probable discharge (AMPD). See 33 CFR 

parts 154 and 155. EPA implementing 

regulations under the FWPCA provide 

for oil spill responses at similar levels: 

(1) A worst case discharge to the 

maximum extent practicable (EPAregulated facilities WCD), (2) discharges 

greater than 2,100 gallons and less than 

or equal to 36,000 gallons or 10 percent 

of the capacity of the largest tank at the 

facility, whichever is less, provided that 

this amount is less than the worst case 

discharge (Medium Discharge), and (3) a 

discharge of 2,100 gallons or less, 

provided that this amount is less than 

the worst case discharge amount (Small 

Discharge). See 40 CFR part 112, subpart 

D. 

Currently, there is an urgent need to 

maximize the availability of oil spill 

response assets in the U.S. for use in 

responding to the unprecedented and 

ongoing Deepwater Horizon SONS. 

Those assets are needed in the Gulf 

region for the response to the Deepwater 

Horizon SONS. Therefore, the Coast 

Guard is temporarily releasing facilities 

and vessels subject to 33 CFR parts 154 

and 155, and the EPA is temporarily 

releasing facilities subject to 40 CFR 

part 112, subpart D, who own or have 

under contract response resources 

deployed in support of the response to 

the Deepwater Horizon SONS from 

Coast Guard and EPA regulatory 

response time requirements, and EPA 

equipment identification and location 

requirements, that would otherwise 

preclude them from relocating owned 

response resources or releasing 

contracted response resources to be 

moved to the Gulf region. 

Some facilities and vessels subject to 

33 CFR parts 154 and 155, and some 

facilities subject to 40 CFR part 112, 

subpart D, contract with OSROs for the 

availability of oil spill response 

resources to comply with Coast Guard 

and EPA regulatory requirements. These 

contractual obligations keep OSROs 

from making their response resources 

available for the response to the 

Deepwater Horizon SONS. Other such 

facilities and vessels have their own 

response resources to comply with these 

regulatory requirements, and these 

requirements make the facilities and 

vessels unable to make their response 

resources available for the response to 

the SONS. The Coast Guard and EPA are 

encouraging an increase in available 

response resources for the response to 

the SONS by temporarily releasing these 

facilities and vessels from the Coast 

Guard and EPA regulatory response 

time requirements, and EPA response 

equipment identification and location 

requirements, if and only if they have 

had their own or contracted response 

resources relocated to the Gulf of 

Mexico in support of the response to the 

Deepwater Horizon SONS. 

Section 1321(j)(5)(D)(iii) of 33 U.S.C. 

requires the identification and the 

availability of private personnel and 

equipment necessary to remove to the 

maximum extent practicable a worst 

case discharge, and to mitigate or 

prevent a substantial threat of such a 

discharge. Existing facility and vessel 

response plans must adequately plan for 

a worst case discharge to comply with 

section 1321(j)(5)(D)(iii), as well as 

additional regulatory requirements 

under 33 CFR parts 154 and 155 and/ 

or 40 CFR part 112, subpart D. Those 

regulatory requirements include 

response times for response resources to 

respond to incidents of varying degree. 

Response plans remain in effect as 

statutorily required by section 

1321(j)(5)(D)(iii). The Coast Guard is 

temporarily suspending only the 

regulatory response time for those assets 

to respond to a USCG-regulated 

facilities and vessels WCD or a MMPD 

under the facility or vessel response 

plan, and the EPA is temporarily 

suspending only the regulatory response 

time requirements, and response 

equipment identification and location 

requirements, for those assets to 

respond to an EPA-regulated facilities 

WCD or Medium Discharge under the 

facility response plan, because of the 

unique challenges posed by the 

Deepwater Horizon spill. 

Section 1321(j)(5)(D)(iii) also requires 

that these response resources be ensured 

‘‘by contract or other means.’’ Because 

contractual agreements between facility 

and vessel owners and OSROs are not 

the only way to satisfy the requirements 

of section 1321(j)(5)(D)(iii), the Coast 

Guard and EPA are encouraging 

facilities and vessels to release OSROs 

under such contractual obligations to 

provide response resources within 

specified response times above the 

AMPD level and/or the Small Discharge 

level when those OSROs’ response 

resources are deployed in response to 

the Deepwater Horizon SONS, and 

instead to prepare for USCG-regulated 

facilities and vessels WCDs and MMPDs 

and/or EPA-regulated facilities WCDs 

and Medium Discharges through ‘‘other 

means,’’ including cascade planning. 

The unique challenges posed by the 

Deepwater Horizon spill make ‘‘other 

means’’ more appropriate to ensure such 

capability while providing urgently 

needed response resources in the Gulf of 

Mexico. 

Additionally, the Coast Guard and 

EPA believe this rule meets the intent of 

33 U.S.C. 1321 (j)(5)(A) both in terms of 

dealing, to the maximum extent 

practicable, with the catastrophic 

emergency presented by the Deepwater 

Horizon SONS, and in terms of meeting, 

to the maximum extent practicable, the 

potential worst case discharge in all 

other locations. Response resources 

located outside the Gulf of Mexico 

region are urgently needed in the Gulf 

region to assist in the Deepwater 

Horizon SONS response. The urgent 

need to use these assets in response to 

the Deepwater Horizon SONS affects 

what is the ‘‘maximum extent 

practicable.’’ 

The phrase ‘‘maximum extent 

practicable’’ is not defined in the 

FWPCA. The phrase, however, is 

defined in Coast Guard regulations for 

use in 33 CFR parts 154 and 155 to 

mean ‘‘the planned capability to respond 

to a worst case discharge in adverse 

weather, as contained in a response plan 

that meets the criteria [in Coast Guard 

regulations addressing oil spill response 

plans for facilities and vessels] or in a 

specific plan approved by the cognizant 

COTP.’’ See 33 CFR 154.1020. This rule 

temporarily suspends the response time 

requirements for 33 CFR parts 154 and 

155, which in effect amends the 

regulatory definition of ‘‘maximum 

extent practicable’’ to exclude response 

time requirements for MMPD and 

USCG-regulated facilities and vessels 

WCD. The phrase is defined in EPA 

regulations for use in 40 CFR part 112 


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37716 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

to mean ‘‘within the limitations used to 

determine oil spill planning resources 

and response times for on-water 

recovery, shoreline protection, and 

cleanup for worst case discharges from 

onshore non-transportation-related 

facilities in adverse weather. It includes 

the planned capability to respond to a 

worst case discharge in adverse weather, 

as contained in a response plan that 

meets the requirements in § 112.20 or in 

a specific plan approved by the Regional 

Administrator.’’ See 40 CFR 112.2. This 

rule temporarily suspends the response 

time requirements, and response 

equipment identification and location 

requirements, for 40 CFR part 112, 

which in effect amends the regulatory 

definition of ‘‘maximum extent 

practicable’’ to exclude response time 

requirements for Medium Discharges 

and EPA-regulated facilities WCD. 

Therefore, from June 30, 2010 through 

December 31, 2010 (or such other date 

as may be established by publication in 

the Federal Register after the effective 

date of this rule): 

• Oil spill and facility response plan 

holders need not require response times 

for MMPD and USCG-regulated facilities 

and vessels WCD levels, and need not 

require response time requirements and 

response equipment identification and 

location requirements for Medium 

Discharge and EPA-regulated facilities 

WCD levels when their existing plans 

and contracts for response resources 

will be impacted due to providing 

response resources in support of the 

Deepwater Horizon SONS so that 

meeting those response requirements is 

impossible. The Coast Guard and EPA 

will allow greater use of cascade plans 

which, in combination, will protect 

ports and coastlines to the MMPD and 

USCG-regulated facilities and vessels 

WCD levels and to Medium Discharge 

and EPA-regulated facilities WCD 

levels; and 

• Owners of facilities and vessels 

with contracts with OSROs are 

encouraged to relieve those OSROs of 

their responsibility to respond to MMPD 

and USCG-regulated facilities and 

vessels WCD levels and to Medium 

Discharge and EPA-regulated facilities 

WCD levels within the required 

response times under such contracts 

when those OSROs’ response resources 

are deployed in response to the 

Deepwater Horizon SONS. 

The Coast Guard and EPA response 

time requirements, and EPA 

identification and location 

requirements, for response resources for 

an AMPD and/or Small Discharge, as 

applicable, remain in effect, except for 

installations of the Armed Forces that 

relocate spill response assets to the Gulf 

of Mexico in response to the FOSC’s 

request for assets. Those installations 

are authorized to drop below the Coast 

Guard and EPA response time 

requirements, and EPA response 

equipment identification and location 

requirements, for response resources for 

an AMPD and/or a Small Discharge, as 

applicable. 

The intent of this rule is to make 

available more response resources for 

use in responding to the Deepwater 

Horizon SONS. When the FOSC makes 

a request for response resources, the 

FOSC will coordinate with the 

cognizant Captains of the Port (COTPs), 

Regional Response Teams, Area 

Committees, EPA and the National 

Incident Commander in order to 

consider the relative environmental and 

other risks and impacts of requesting 

and accepting offers for specific 

response resources from locations 

outside the Gulf of Mexico. 

This action is supported by 33 U.S.C. 

1321(c) and (j), and is promulgated 

under 33 U.S.C. 1321(j)(5)(A). 

B. Discussion of Coast Guard Rule 

This rule adds to Coast Guard 

regulations a temporary, new § 154.T150 

to 33 CFR part 154, and a temporary, 

new § 155.T150 to 33 CFR part 155. 

Paragraph (a) of the temporary sections 

sets forth applicability of each section. 

These sections only apply to facilities 

and vessels that have contracted 

response resources, or their own 

response resources, that are deployed to 

participate in the Deepwater Horizon 

SONS response. 

Paragraph (b) of the temporary 

sections suspend the regulatory 

response time requirements for (1) 

MMPD and (2) USCG-regulated facilities 

and vessels WCD. Paragraph (b) 

suspends these requirements only from 

June 30, 2010 through December 31, 

2010. Except as described in paragraph 

(d), paragraph (c) of the temporary 

sections makes clear that the response 

time requirements for AMPD remain in 

effect for all facilities and vessels 

regulated by 33 CFR Parts 154 and 155. 

In addition to OSROs and facilities 

and vessels regulated by 33 CFR parts 

154 and 155, Armed Forces installations 

have response resources that are needed 

to respond to the Deepwater Horizon 

SONS. Paragraph (d) of § 154.T150 

confirms that the FOSC has requested 

that the Armed Forces relocate response 

assets to support the SONS response, 

and authorizes Armed Forces 

installations responding to such a FOSC 

request to revise their response times 

below what is necessary for an AMPD 

in order to make the urgently needed 

response resources of Armed Forces 

installations available for deployment in 

support of the SONS response. 

Armed Forces installations are more 

able than private facilities and vessels to 

mitigate their own risk of delayed 

response times and take advantage of 

any cascade planning, if they relocate 

response resources to assist in the 

response to the Deepwater Horizon 

SONS. The National Contingency Plan 

at 40 CFR 300.175(b)(4) specifically 

authorizes the Department of Defense 

‘‘consistent with its operational 

requirements and upon request of the 

[F]OSC, provide locally deployed U.S. 

Navy oil spill equipment and provide 

assistance to other federal agencies on 

request.’’ Because of the inherent 

mobility of the Armed Forces, an Armed 

Forces installation could more quickly 

return response resources to the original 

installation, if necessary, than an 

individual, private facility or vessel. 

Additionally, an Armed Forces 

installation provides its own response 

resources, which are dedicated to that 

installation, compared to a facility or 

vessel that relies on one or more OSROs 

to provide response resources which are 

also contracted to other facilities or 

vessels. Therefore, the FOSC has 

requested that Armed Forces 

installations relocate response resources 

to the urgent situation in the Gulf of 

Mexico as set forth in this temporary 

interim rule. 

C. Discussion of EPA Rule 

This rule adds to EPA regulations a 

temporary, new § 112.22 to 40 CFR part 

112. Paragraph (a) of the temporary 

section sets forth the applicability of 

this section. This section only applies to 

facilities that have contracted response 

resources, or their own response 

resources, that are deployed to 

participate in the SONS response. 

Paragraph (b) of the temporary section 

suspends the regulatory requirements 

for response times and the identification 

of response equipment and its location 

for (1) Medium Discharges and (2) EPAregulated facilities WCDs. Paragraph (b) 

suspends these requirements only from 

June 30, 2010 through December 31, 

2010. Paragraph (b) also states that 

changes to facility response plans due to 

relocation of response equipment in 

support of the response to the 

Deepwater Horizon SONS are not 

required. Except as described in 

paragraph (d), paragraph (c) makes clear 

that the response times for Small 

Discharges remain in effect for facilities 

regulated by 40 CFR Part 112. 

In addition to facilities regulated by 

40 CFR Part 112, Armed Forces 

installations have response resources 

that are needed to respond to the 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37717 

Deepwater Horizon SONS. Paragraph (d) 

of § 112.22 authorizes Armed Forces 

installations responding to a FOSC 

request to support SONS response to 

revise their response times below what 

is necessary for a Small Discharge in 

order to make the urgently needed 

response resources of Armed Forces 

installations available for deployment in 

support of the SONS response. The 

National Contingency Plan at 40 CFR 

300.175(b)(4) supports this provision for 

the Armed Forces. 

IV. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 14 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This temporary interim rule is in 

response to an emergency situation and 

the Coast Guard and EPA must act more 

quickly than normal review procedures 

under Executive Order 12866, 

Regulatory Planning and Review. In 

accordance with section 6(a)(3)(D) of 

that Order, the Coast Guard and EPA 

have communicated with the Office of 

Management and Budget. The 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. 

This rule will temporarily suspend 

Coast Guard and EPA response time 

requirements, and EPA response 

equipment identification and location 

requirements, for facilities and vessels 

subject to 33 CFR parts 154 and 155 

and/or 40 CFR 112, subpart D, as 

applicable. The suspension of these 

regulatory requirements provides 

industry and government the 

opportunity to relocate oil spill 

response resources to the Gulf of Mexico 

to aid in the response to the Deepwater 

Horizon SONS. There may be additional 

costs for relocating these resources. 

If OSROs, or facilities or vessels with 

their own response resources, 

temporarily relocate infrastructure and 

assets to the Gulf of Mexico, other 

regions may not have the same level of 

response times for response resources 

available in the event an oil spill 

occurred in those other regions. This 

may marginally increase the risk of 

delayed response times in those areas 

because there would be fewer assets 

immediately available for spill response. 

However, we expect these risks to be 

temporary and small, because the 

suspension of certain response time 

requirements is only until the end of 

this calendar year, and the Coast Guard 

and affected industry stakeholders will 

coordinate the positioning and 

deployment of additional response 

assets in the Gulf of Mexico. 

Additionally, if planned-for response 

resources have relocated to the Gulf of 

Mexico, cascade plans can be used to 

help minimize the risk of delayed 

response times. A cascade plan contains 

an OSRO’s strategy to maximize arrival 

times and the availability of response 

resources for plan holders given the 

deployment of response resources. This 

strategy may include the identification 

of secondary or cascading resources 

through increased partnerships and the 

increased pooling of resources among 

several OSROs and other stakeholders. 

Coast Guard COTPs will assist in 

facilitating the incorporation of Armed 

Forces installations into cascade plans 

when revising their respective Area 

Response Plans. The inclusion of Armed 

Forces installations in cascade planning 

may be necessary to provide Armed 

Forces installations that have 

temporarily revised their response times 

below that necessary for an average 

most probable discharge and/or a Small 

Discharge with access to additional 

response resources. The inclusion of 

Armed Forces installations in cascade 

planning will also allow Coast Guard 

regulated facilities and vessels to access 

remaining Armed Forces installation 

response resources in the event they are 

needed. 

Additional assets are urgently needed 

in the Gulf region for the response to the 

unprecedented and ongoing Deepwater 

Horizon SONS. Current assets in the 

Gulf region have been fully utilized in 

response to the SONS. Based on the 

urgent need to maximize the availability 

of oil spill response assets from around 

the country, the Coast Guard is 

temporarily releasing facilities and 

vessels subject to 33 CFR parts 154 and 

155, and the EPA is temporarily 

releasing facilities subject to 40 CFR 

part 112, subpart D, whose response 

plans are impacted by relocation of 

response resources in support of the 

response to the Deepwater Horizon 

SONS, from Coast Guard and EPA 

regulatory response time requirements, 

and EPA response equipment 

identification and location 

requirements, that would keep OSROs, 

and facilities with their own response 

resources, from relocating their response 

resources to the Gulf region. Some 

facilities and vessels subject to 33 CFR 

parts 154 and 155, and some facilities 

subject to 40 CFR part 112, subpart D, 

contract with OSROs for the availability 

of response resources to comply with 

these required regulatory response 

times. These contractual obligations 

keep OSROs from making their response 

resources available for the response to 

the SONS. Other such facilities and 

vessels have their own response 

resources to comply with these 

regulatory requirements, and these 

requirements preclude the facilities and 

vessels from making their response 

resources available for the response to 

the SONS. By releasing these facilities 

and vessels from the required Coast 

Guard and EPA regulatory response 

times, and EPA response equipment 

identification and location 

requirements, the Coast Guard and EPA 

are encouraging owners and contracting 

facilities and vessels to make more 

response resources available for the 

response to the SONS. This will allow 

these additional response resources 

from these areas to begin being brought 

into the Gulf of Mexico to respond to 

the SONS. 

B. Small Entities 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) requires agencies to 

consider whether regulatory actions 

would have a significant economic 

impact on a substantial number of small 

entities. The term ‘‘small entities’’ 

comprises small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. An RFA 

analysis is not required when a rule is 

exempt from notice and comment 

rulemaking under 5 U.S.C. 553(b). The 

Coast Guard and EPA determined that 

this rule is exempt from notice and 

comment rulemaking pursuant to 5 

U.S.C. 553(b)(B). Therefore, an RFA 

analysis is not required for this rule. 

C. 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 or EPA, 


cprice-sewell on DSKHWCL6B1PROD with RULES
37718 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

call 1–888–REG–FAIR (1–888–734– 

3247). Neither the Coast Guard nor EPA 

will retaliate against small entities that 

question or complain about this rule or 

any policy or action of the Coast Guard 

or EPA. 

D. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, Coast 

Guard and EPA have made such a good 

cause finding, including the reasons 

therefor, and established an effective 

date of June 30, 2010. Coast Guard and 

EPA will submit a report, as described 

in § 801(a)(1)(A), containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

E. 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). 

F. 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. 

G. 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. 

H. 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. 

I. 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. 

J. 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. 

K. 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. 

L. 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 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. 

M. 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. 

N. Environment 

This is an emergency rulemaking, and 

in accordance with the Council on 

Environmental Quality (CEQ) 

Regulations Implementing the 

Procedural Requirements of the 

National Environmental Policy Act (40 

CFR parts 1500–1508) and the National 

Environmental Policy Act of 1969 

(NEPA) (43 U.S.C. 4321–4370f), the 

Coast Guard, with the assistance of EPA, 

is consulting with CEQ for this action. 

The Coast Guard, with the assistance of 

EPA, will continue to consult CEQ as 

well as the National Oceanic and 

Atmospheric Administration and other 

key authorities in order to determine 

appropriate environmental impact 

analysis. The Coast Guard and EPA 

especially invite public comment on 

environmental impacts and 

management of relative risks of this 

regulatory action to address an 

immediate environmental need in the 

context of preparedness to meet 

potential environmental needs. 

List of Subjects 

33 CFR Part 154 

Alaska, Fire prevention, Hazardous 

substances, Oil pollution, Reporting and 

recordkeeping requirements. 

33 CFR Part 155 

Alaska, Hazardous substances, Oil 

pollution, Reporting and recordkeeping 

requirements. 

40 CFR Part 112 

Environmental protection, Facility 

response plan, Oil pollution, Oil spill 

response, Oil spill removal organization, 

OSRO, Penalties, Reporting and 

recordkeeping requirements. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 154 and 155 and the EPA 

amends 40 CFR part 112 as follows: 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37719 

TITLE 33—NAVIGATION AND 

NAVIGABLE WATERS 

PART 154—FACILITIES 

TRANSFERRING OIL OR HAZARDOUS 

MATERIAL IN BULK 

■ 1. The authority citation for part 154 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321(j)(1)(C), 

(j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56 

FR 54757; Department of Homeland Security 

Delegation No. 0170.1. Subpart F is also 

issued under 33 U.S.C. 2735. 

■ 2. Add § 154.T150 to read as follows: 

§ 154.T150 Temporary Suspension of 

Requirements to Permit Support of 

Deepwater Horizon Spill Response. 

(a) Applicability. This section applies 

to— 

(1) Any facility described in § 154.100 

of this part, that has contracted with any 

oil spill removal organization (OSRO), 

as defined in § 154.1020 of this part, if 

the OSRO’s response resources, as 

defined in § 154.1020 of this part, are 

deployed in coordination with the OnScene Coordinator (OSC), as defined in 

40 CFR 300.5, in support of the response 

to the Deepwater Horizon Spill of 

National Significance; and 

(2) Any facility described in § 154.100 

of this part, that owns, operates, or has 

under its direct control, response 

resources, as defined in § 154.1020 of 

this part, deployed in coordination with 

the OSC, as described in 40 CFR 300.5, 

in support of the response to the 

Deepwater Horizon Spill of National 

Significance. 

(b) Suspension of certain response 

time requirements. From June 30, 2010 

through December 31, 2010, the 

stipulated response times, including the 

response times contained in any written 

contractual agreement with any OSRO, 

for the availability of response 

resources, as defined in § 154.1020 of 

this part, for a maximum most probable 

discharge and a worst case discharge are 

not necessary to meet the requirements 

of this part. 

(c) Other response time requirements 

still effective. Any response time 

requirements for the availability of 

response resources, as defined in 

§ 154.1020 of this part, for an average 

most probable discharge, as required by 

this part, remain in effect. 

(d) Armed Forces installation 

planning factors. The Coast Guard 

authorizes the Armed Forces to revise 

Armed Forces installation response 

times to below that which is necessary 

to respond to an average most probable 

discharge at those installations that have 

deployed assets in support of the 

response to the Deepwater Horizon Spill 

of National Significance in response to 

a request from the OSC, as described in 

40 CFR 300.5, for such assets. 

PART 155—OIL OR HAZARDOUS 

MATERIAL POLLUTION PREVENTION 

REGULATIONS FOR VESSELS 

■ 3. The authority citation for part 155 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321(j); 46 

U.S.C. 3703; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; Department of 

Homeland Security Delegation No. 0170.1. 

Sections 155.100 through 155.130, 150.350 

through 155.400, 155.430, 155.440, 155.470, 

155.1030(j) and (k), and 155.1065(g) are also 

issued under 33 U.S.C. 1903(b). Section 

155.490 also issued under section 4110(b) of 

Pub. L. 101–380. Sections 155.1110 through 

155.1150 also issued under 33 U.S.C. 2735. 

■ 4. Add § 155.T150 to read as follows: 

§ 155.T150 Temporary Suspension of 

Requirements to Permit Support of 

Deepwater Horizon Spill Response. 

(a) Applicability. This section applies 

to— 

(1) Any ship and any tank vessel 

described in § 155.100 of this part, that 

has contracted with any oil spill 

removal organization (OSRO), as 

defined in § 155.1020 of this part, if the 

OSRO’s response resources, as defined 

in § 154.1020 of this part, are deployed 

in coordination with the On-Scene 

Coordinator (OSC), as defined in 40 CFR 

300.5, in support of the response to the 

Deepwater Horizon Spill of National 

Significance; and 

(2) Any ship and any tank vessel 

described in § 155.100 of this part, that 

owns, operates, or has under its direct 

control, response resources, as defined 

in § 155.1020 of this part, deployed in 

coordination with the OSC, as defined 

in 40 CFR 300.5, in support of the 

response to the Deepwater Horizon Spill 

of National Significance. 

(b) Suspension of certain response 

time requirements. From June 30, 2010 

through December 31, 2010, the 

stipulated response times, including the 

response times contained in any written 

contractual agreement with any OSRO, 

for the availability of response 

resources, as defined in § 155.1020 of 

this part, for a maximum most probable 

discharge and a worst case discharge are 

not necessary to meet the requirements 

of this part. 

(c) Other response time requirements 

still effective. Any response time 

requirements for the availability of 

response resources, as defined in 

§ 154.1020 of this part, for an average 

most probable discharge, as required by 

this part, remain in effect. 

TITLE 40—PROTECTION OF 

ENVIRONMENT 

PART 112—OIL POLLUTION 

PREVENTION 

■ 5. The authority citation for part 112 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq.; 33 

U.S.C. 2720; E.O. 12777 (October 18, 1991), 

3 CFR, 1991 Comp., p. 351. 

■ 6. Add § 112.22 to read as follows: 

§ 112.22 Temporary Suspension of 

Response Planning Level Requirements to 

Support Deepwater Horizon Spill Response. 

(a) Applicability. This section applies 

to any person who owns or operates— 

(1) Any facility described in § 112.20 

of this part, who has contracted with 

any oil spill removal organization 

(OSRO), as defined in § 112.2 of this 

part, where the OSRO’s response 

resources, as required under 

112.20(h)(3) and Appendix E, Sections 

4.0 and 5.0, are deployed in support of 

the response to the Deepwater Horizon 

Spill of National Significance; and 

(2) Any facility described in § 112.20 

of this part, who owns, operates, or has 

under direct control, response 

resources, as required under 

112.20(h)(3) and Appendix E, Sections 

4.0 and 5.0, deployed in support of the 

response to the Deepwater Horizon Spill 

of National Significance. 

(b) Suspension of certain response 

planning level requirements. From June 

30, 2010 through December 31, 2010, 

facility response plan requirements 

relating to the identification of response 

equipment and its location and the 

stipulated response times, including the 

response times contained in any written 

contractual agreement with any OSRO, 

for the availability of response 

resources, as required under 

§ 112.20(h)(3) and Appendix E, Sections 

4.0 and 5.0, for a medium discharge as 

described in § 112.20(h)(5)(iii) of this 

part, and for a worst case discharge over 

2,100 gallons as described under 

§ 112.20(h)(5)(i), are suspended. 

Changes to facility response plans due 

to relocation of response equipment in 

support of the response to the 

Deepwater Horizon Spill of National 

Significance, do not require a revision 

under § 112.20(d). 

(c) Other response time and response 

equipment identification and location 

requirements still effective. Response 

times and response equipment 

identification and location requirements 

required under § 112.20(h)(3) and 

Appendix E, Section 3.0 for a small 

discharge, as described in 

112.20(h)(5)(ii), remain in effect. 


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37720 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

(d) Armed Forces installation 

planning factors. Armed Forces may 

revise Armed Forces installation 

response times and response equipment 

identification and location requirements 

below that which is necessary to 

respond to a small discharge, as 

described in 112.20(h)(5)(ii), at those 

installations that have deployed assets 

in support of the response to the 

Deepwater Horizon Spill of National 

Significance in response to a request 

from the On-Scene Coordinator, as 

defined in 40 CFR 300.5, for such assets. 

Dated: June 28, 2010. 

Robert Papp, 

Admiral, U.S. Coast Guard, Commandant. 

Lisa P. Jackson, 

Administrator, U.S. Environmental Protection 

Agency. 

[FR Doc. 2010–16005 Filed 6–29–10; 8:45 am] 

BILLING CODE 9110–04–P; 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0571] 

RIN 1625–AA00 

Safety Zone; New Bern Air Show, 

Neuse River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Neuse River in the 

vicinity of New Bern, North Carolina to 

support the New Bern Air Show. This 

action is intended to restrict vessel 

traffic movement on the Neuse River to 

protect mariners and property from the 

hazards associated with air show events. 

DATES: This rule is effective from 6 p.m. 

until 9 p.m. on July 4, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0571 and are available online by going 

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

USCG–2010–0571 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 CWO4 Stephen 

Lyons, Waterways Management 

Division Chief, Coast Guard Sector 

North Carolina; telephone (252) 247– 

4525, e-mail 

Stephen.W.Lyons2@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 

delaying the effective date by first 

publishing an NPRM would be contrary 

to the safety zone’s intended objective 

since immediate action is needed to 

protect person’s and vessels against the 

hazards associated with air shows. 

Additionally, the zone should have 

negligible impact on vessel transits due 

to the fact that vessels will be limited 

from the area for only three hours on 

one day while the zone is in effect and 

vessels can still transit in the majority 

of the Neuse River during the event. 

Accordingly, under 5 U.S.C. 553(b)(B), 

the Coast Guard finds that good cause 

exists for not publishing an NPRM. 

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. Delaying the effective date 

would be contrary to public interest, 

since immediate action is needed to 

ensure the safety of human life and 

property from the hazards associated 

with air show operations. 

Basis and Purpose 

Coast Guard Sector North Carolina 

has been notified that on July 4, 2010, 

New Bern, North Carolina will host an 

air show event on the Neuse River in the 

vicinity of New Bern, North Carolina. In 

recent years, there have been 

unfortunate instances of aircraft crashes 

during performances at air shows. 

Typical of plane crashes, there is a wide 

area of scattered debris that damages 

property and could cause significant 

injury or death. Due to the hazards 

associated with air show events the 

Coast Guard is establishing a temporary 

safety zone on the waters of the Neuse 

River immediately below the air show. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone to encompass the 

specified waters of the Neuse River in 

the vicinity of New Bern, North Carolina 

within a 1,700-yard by 1,100-yard 

boundary, located at the following 

coordinates: 35°06′55.5′′ N., 077°02′5.9′′ 

W., thence to 35°07′9.2′′ N., 077°01′32.9′′ 

W., thence to 35°06′38.8′′ N., 

077°01′16.7′′ W., thence to 35°06′6.1′′ N., 

077°01′23′′ W., thence to 35°06′2.9′′ N., 

077°01′56.6′′ W., thence to 35°06′40.4′′ 

N., 077°01′54.7′′ W., Access to this area 

will be temporarily restricted for public 

safety purposes. All vessels are 

prohibited from transiting, anchoring in, 

or loitering in this section of the 

waterway while the safety zone is in 

effect. This zone will be in effect from 

6 p.m. until 9 p.m. on July 4, 2010. 

Entry into the zone during the closure 

period will not be permitted except as 

specifically authorized by the Captain of 

the Port or a designated representative. 

To seek permission to transit the area, 

mariners can contact Sector North 

Carolina at telephone number (252) 

247–4570. 

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. 

Although this regulation will restrict 

access to the area, the effect of this rule 

will not be significant because: (i) The 

safety zone will only be in effect from 

6 p.m. until 9 p.m. July 4, 2010 (ii) the 

Coast Guard will give advance 

notification via maritime advisories so 

mariners can adjust their plans 

accordingly, and (iii) although the safety 

zone will apply to the section of the 

Neuse River, vessel traffic can use the 

federally marked channel to transit 

safely around the safety zone. 


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