27432 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary section, § 100.35– 

T05–0087 to read as follows: 

§ 100.35–T05–0087 Special Local 

Regulations for Marine Events; Patapsco 

River, Northwest Harbor, Baltimore, MD. 

(a) Regulated area. The following 

locations are regulated areas: All waters 

of the Patapsco River, Northwest 

Harbor, in Baltimore, MD, within an 

area bounded by the following lines of 

reference; bounded on the west by a line 

running along longitude 076°35′35′′ W; 

bounded on the east by a line running 

along longitude 076°35′10′′ W; bounded 

on the north by a line running along 

latitude 39°16′40′′ N; and bounded on 

the south by the shoreline. All 

coordinates reference Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by the Coast Guard 

Patrol Commander or any Official 

Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period. (1) This 

section will be enforced from 6 a.m. 

until 5 p.m. on June 19, 2010, or in the 

case of inclement weather, from 6 a.m. 

to 5 p.m. on June 20, 2010. 

(2) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

Dated: May 5, 2010. 

Mark P. O’Malley, 

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

Port Baltimore, Maryland. 

[FR Doc. 2010–11516 Filed 5–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0221] 

RIN 1625–AA87 

Security Zone; Golden Guardian 2010 

Regional Exercise; San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary security zones 

on the navigable waters of the San 

Francisco Bay in support of Golden 

Guardian 2010 Regional Exercise. These 

temporary security zones are necessary 

to provide for the safety of the U.S. 

Navy’s Marine Mammal Project 

participants, U.S. Coast Guard, local law 

enforcement, their crews, and the public 

during the statewide port security full 

scale exercise. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the 

temporary security zones unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 8:50 

a.m. through 2:10 p.m. on May 18, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0221 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2010–0221 in the ‘‘Keyword’’ 

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

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Liezl 

Nicholas, Waterways Management, U.S. 

Coast Guard Sector San Francisco, Coast 

Guard; telephone 415–399–7442, e-mail 

D11–PF–MarineEvents@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 it is 

impracticable since the logistical details 

of the operations were not presented to 

the Coast Guard with sufficient time to 

draft and publish an NPRM. It is also 

contrary to the public interest to delay 

the exercise because it is in the national 

interest to have a trained port security 

military response team. 

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 for the same reasons indicated 

above. 

Basis and Purpose 

The California Emergency 

Management Agency has requested that 

the Coast Guard enforce temporary 

security zones for operations on May 18, 

2010 at the Golden Guardian 2010 

Regional Exercises, which is a statewide 

port security full scale exercise. The 

temporary security zones will 

encompass all navigable waters within 

100 yards of the participating vessels. 

The temporary security zones are 

needed to protect the U.S. Navy’s 

Marine Mammal Project participants, 

the U.S. Coast Guard, local law 

enforcement, their crews, and the public 

during operations from sabotage or other 

subversive acts, accidents, criminal 

actions or other causes of a similar 

nature. 

Discussion of Rule 

The Coast Guard is establishing 

temporary security zones that would be 

enforced on May 18, 2010 from 8:50 

a.m. to 2:10 p.m. These security zones 

include all navigable waters within 100 

yards of the nearest point of the vessels 

involved in the Golden Guardian 2010 

Regional Exercises. The vessels will be 

located at approximately 37°47′33′′ N 

and 122°18′00′′ W; 37°49′12.30′′ N and 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 27433 

122°18′49.23′′ W; 37°46′39.37′′ N and 

122°23′12.64′′ W (NAD 83). 

Persons and vessels will be prohibited 

from entering into, transiting through, or 

anchoring within the temporary safety 

zones unless authorized by the Captain 

of the Port, or his designated 

representative. 

The temporary security zones will be 

enforced by Coast Guard patrol craft and 

San Francisco Harbor Police as 

authorized by the Captain of the Port. 

See 33 CFR 6.04–11, Assistance of other 

agencies. 

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. 

It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). Due to National Security 

interests, the implementation of these 

temporary security zones are necessary 

for the protection of the United States 

and its people. The size of the zones are 

the minimum necessary to provide 

adequate protection for the U.S. Navy’s 

Marine Mammal Project participants, 

the U.S. Coast Guard, local law 

enforcement, their crews, adjoining 

areas and the public. Most of the entities 

likely to be affected are pleasure craft 

engaged in recreational activities and 

sightseeing. Any hardships experience 

by persons or vessels are considered 

minimal compared to the national 

interest in protecting U.S. Navy’s 

Marine Mammal Project participants, 

the U.S. Coast Guard, local law 

enforcement vessels, their crews, and 

the public. Accordingly, full regulatory 

evaluation under paragraph 10(e) of the 

regulatory policies and procedures of 

the DHS is unnecessary. 

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 

a portion of the San Francisco Bay on 

May 18, 2010. 

The security zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Vessel traffic can 

pass safely around the zone. Before the 

effective period, the Coast Guard will 

issue local notice to mariners (LNM) 

and broadcast notice to mariners (BNM) 

alerts via VHF–FM marine channel 16 

before the security zone is enforced. 

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 an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not effect 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 


srobinson on DSKHWCL6B1PROD with RULES
27434 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

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 security 

zones. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T11–308 

to read as follows: 

§ 165.T11–308 Security Zone; Golden 

Guardian 2010 Regional Exercise; San 

Francisco Bay, San Francisco, CA. 

(a) Location. All navigable waters 

within 100 yards of the exercise vessels 

while at positions: 37°47′33′′ N and 

122°18′00′′ W; 37°49′12.30′′ N and 

122°18′49.23′′ W; 37°46′39.37′′ N and 

122°23′12.64′′ W (NAD 83). 

(b) Enforcement Period. This section 

will be enforced from 8:50 a.m. through 

2:10 p.m. on May 18, 2010. If the 

operation concludes prior to the 

scheduled termination time, the Captain 

of the Port San Francisco will cease 

enforcement of the security zones and 

will make the announcement via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to these sections: 

designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port San Francisco. 

(c) Regulations. (1) Entry into, transit 

through or anchoring within this 

security zone is prohibited unless 

authorized by the Captain of the Port 

San Francisco or designated 

representative. 

(2) Mariners requesting permission to 

transit through the security zones may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port San 

Francisco or designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: May 5, 2010. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. 2010–11883 Filed 5–13–10; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0892; FRL–8826–3] 

α-(p-Nonylphenol)-whydroxypoly(oxyethylene) Sulfate and 

Phosphate Esters; Time-Limited 

Exemption from the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited exemption from the 

requirement of a tolerance for residues 

of a-(p-nonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts when 

used as inert ingredients at levels not to 

exceed 7% in pesticide formulations 

applied to growing crops, raw 

agricultural commodities after harvest, 

and animals. The Joint Inerts Task 

Force, Cluster Support Team Number 9 

requested an exemption for the 

requirement of a tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). The exemption from the 

requirement of a tolerance expires on 

May 17, 2012. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of a-(p-nonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts). 

DATES: This regulation is effective May 

17, 2010. Objections and requests for 

hearings must be received on or before 

July 16, 2010, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0892. All documents in the 

docket are listed in the docket index 


srobinson on DSKHWCL6B1PROD with RULES