Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 29427 

(ii) The owner or operator of an LHG 

facility must submit the Follow-on WSA 

to the COTP in all cases at least 180 

days before the owner or operator begins 

transferring LHG. 

(2) Contain a detailed analysis of the 

elements listed in §§ 127.007(f)(2), 

127.009(d), and 127.009(e) of this part. 

(h) Until the facility begins operation, 

owners or operators must: 

(1) Annually review their WSAs and 

submit a report to the COTP as to 

whether changes are required. The 

deadline for the required annual report 

should coincide with the date of the 

COTP’s Letter of Recommendation, 

which indicates review and validation 

of the Follow-on WSA has been 

completed. 

(2) In the event that revisions to the 

WSA are needed, report to the COTP the 

details of the necessary revisions, along 

with a timeline for completion. 

(3) Update the WSA if there are any 

changes in conditions, such as changes 

to the port environment, the LNG or 

LHG facility, or the tanker route, that 

would affect the suitability of the 

waterway for LNG or LHG traffic. 

(4) Submit a final report to the COTP 

at least 30 days, but not more than 60 

days, prior to the start of operations. 

■ 4. Revise § 127.009 to read as follows: 

§ 127.009 Letter of recommendation. 

After the COTP receives the Letter of 

Intent under § 127.007(a) or (b), the 

COTP issues a Letter of 

Recommendation as to the suitability of 

the waterway for LNG or LHG marine 

traffic to the Federal, State, or local 

government agencies having jurisdiction 

for siting, construction, and operation, 

and, at the same time, sends a copy to 

the owner or operator, based on the— 

(a) Information submitted under 

§ 127.007; 

(b) Density and character of marine 

traffic in the waterway; 

(c) Locks, bridges, or other man-made 

obstructions in the waterway; 

(d) Factors adjacent to the facility 

such as— 

(1) Depths of the water; 

(2) Tidal range; 

(3) Protection from high seas; 

(4) Natural hazards, including reefs, 

rocks, and sandbars; 

(5) Underwater pipelines and cables; 

(6) Distance of berthed vessel from the 

channel and the width of the channel; 

and 

(e) Other safety and security issues 

identified. 

F. J. Sturm, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. 2010–12680 Filed 5–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1132] 

RIN 1625–AA00 

Safety Zone; AVI May Fireworks 

Display, Laughlin, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of the lower Colorado 

River, Laughlin, NV, in support of a 

fireworks display near the AVI Resort 

and Casino. This safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8 p.m. 

to 9:45 p.m. on May 30, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–1132 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–1132 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 Petty Officer Corey 

McDonald, Waterways Management, 

Coast Guard; telephone 619–278–7262, 

e-mail Corey.R.McDonald@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 

On March 2, 2010 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; AVI May 

Fireworks Display; Laughlin, Nevada, 

NV in the Federal Register (75 FR 

9370). We received 0 comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment; therefore, a 30-day 

notice is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

protecting persons and vessels involved 

in the event, and enhancing public and 

maritime safety. 

Basis and Purpose 

The AVI Resort and Casino is 

sponsoring the AVI May fireworks 

display, which is to be held at the AVI 

Resort and Casino on the Lower 

Colorado River in Laughlin, Nevada. A 

temporary safety zone is necessary to 

provide for the safety of the show’s 

crew, spectators, participants of the 

event, participating vessels, and other 

vessels and users of the waterway. 

Discussion of Comments and Changes 

There were no comments submitted 

and no changes were made to the 

regulation. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone on the navigable 

waters of the Lower Colorado River, 

Laughlin, NV in support of the AVI May 

fireworks display adjacent to the AVI 

Resort and Casino on the Lower 

Colorado River, Laughlin, NV. The 

safety zone will be effective from 8 p.m. 

to 9:45 a.m. on May 30, 2010. The safety 

zone is set as an 800 foot radius around 

the firing site in approximate position: 

35°00.45′ N, 114°38.18′ W. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. This determination is based on 

the size and location of the safety zone. 

While vessels will not be allowed to 

transit through the designated safety 


emcdonald on DSK2BSOYB1PROD with RULES
29428 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 

zone during the specified times, the 

zone exists for only a short period of 

time and will be enforced only during 

a period where vessel traffic is light. 

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 Colorado River from 8 

p.m. to 9:45 p.m. on May 30, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The safety zone 

will only be in effect for one hour and 

45 minutes late in the evening when 

vessel traffic is low. Before the effective 

period, we will publish a Local Notice 

to Mariners (LNM). 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 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 that 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 establishment of a safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 


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Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 29429 

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 § 165.T11–284 to read as 

follows: 

§ 165.T11–284; Safety Zone; AVI May 

Fireworks Display, Laughlin, Nevada, NV. 

(a) Location. The limits of the 

proposed safety zone are as follows: will 

include all navigable waters within 800 

feet of the firing location adjacent to the 

AVI Resort and Casino centered in the 

channel between Laughlin Bridge and 

the northwest point of AVI Resort and 

Casino Cove in position: 35°00′93′′ N, 

114°38′28′′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on May 30, 2010. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

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

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

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 8, 2010. 

T. H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–12697 Filed 5–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2009–0668; FRL–8819–3] 

RIN 2070–AB27 

Revocation of Significant New Use 

Rule on a Certain Chemical Substance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to 40 CFR 721.185, 

EPA is revoking a significant new use 

rule (SNUR) promulgated under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) for the chemical substance 

identified generically as polyalkyl 

phosphate, which was covered by 

premanufacture notice (PMN) P–95– 

1772. Based on the concern criteria in 

§ 721.170(b), EPA issued a non-5(e) 

SNUR (i.e., a SNUR on a substance that 

is not subject to a TSCA section 5(e) 

consent order) designating certain 

activities as significant new uses. 

Subsequently, EPA received and 

reviewed new information and test data 

for the chemical substance. Based on the 

new information and test data, the 

Agency no longer finds that the 

activities not described in PMN P–95– 

1772 constitute significant new uses. 

DATES: This final rule is effective July 

26, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2009–0668. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Tracey 

Klosterman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2209; e-mail address: 

klosterman.tracey@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substance 

contained in this revocation. Potentially 

affected entities may include, but are 

not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (NAICS codes 325 and 

324110), e.g., chemical manufacturing 

and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 


emcdonald on DSK2BSOYB1PROD with RULES