Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 52465 

Bridgeport, NJ located at 39 48′04′′ N, 

075 21′20′′ W. 

(b) Definitions. (1) ‘‘Designative 

Representative’’ means the Commander 

of Sector Delaware Bay or any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on her behalf. 

(2) ‘‘Official patrol’’ means any vessel 

assigned or approved by the Captain of 

the Port Delaware Bay with a 

commissioned, warrant, or petty officer 

on board that is displaying a Coast 

Guard Ensign as well as any assisting 

local law enforcement vessels. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, mooring, anchoring, or 

remaining within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Delaware Bay or her 

representative. 

(2) Except for persons or vessels 

authorized by the Captain of the Port 

Delaware Bay or her designated 

representative, no person or vessel may 

enter or remain in the regulated area. 

(3) The operator of any vessel in the 

regulated area shall: (i) Stop the vessel 

immediately when directed to do so by 

any Official Patrol, 

(ii) Proceed as directed by any Official 

Patrol. 

(4) The Captain of the Port Delaware 

Bay can be reached through telephone 

215–271–4807. 

(5) The Official Patrol enforcing the 

safety zone can be contacted on VHF– 

FM marine band radio channel 13 

(165.65 Mhz) and channel 16 (156.8 

Mhz). 

(d) Effective Period. This rule is 

effective in the CFR on August 26, 2010. 

This rule is effective with actual notice 

for purposes of enforcement on August 

14, 2010. This rule will remain in effect 

through 10 p.m. on August 28, 2010. 

(e) Enforcement Period. This rule will 

be enforced from 6 a.m. to 10 p.m. every 

Saturday from August 14, 2010 through 

August 28, 2010. 

Dated: August 5, 2010. 

R.T. Gatlin, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Delaware Bay. 

[FR Doc. 2010–21309 Filed 8–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0502] 

RIN 1625–AA00 

Safety Zones; Swim Events Within the 

Sector New York Captain of the Port 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing five temporary safety zones 

for swim events occurring on waters of 

the Hudson River, East River and Long 

Island Sound. These temporary safety 

zones are necessary to protect 

swimmers, spectators and vessels from 

the hazards associated with the swim 

events. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the safety 

zones unless authorized by the Captain 

of the Port New York or designated 

representative. 

DATES: This rule is effective in the CFR 

on August 26, 2010 through 11:59 p.m. 

on September 12, 2010. This rule is 

effective with actual notice for purposes 

of enforcement beginning at 03:30 a.m. 

on July 24, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0502 and are available online by going 

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

USCG–2010–0526 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 LTJG Eunice James, 

Coast Guard Sector New York 

Waterways Management Division; 718– 

354–4163, e-mail Eunice.A.James

@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 

publishing an NPRM is impractical as 

the Coast Guard did not receive 

notification of the specific location or 

planned dates for the events in 

sufficient time to issue an NPRM 

without delaying this rule making. A 

delay or cancellation of the events in 

order to allow for a notice and comment 

period is contrary to the public interest 

in having these events occur on 

schedule. For the same reasons, 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. In 

addition to the reasons stated above, 

this rule is intended to ensure the safety 

of the event participants, spectators and 

other waterway users; thus any delay in 

the rule’s effective date would be 

impractical. 

Basis and Purpose 

These temporary safety zones are 

necessary to ensure the safety of 

participants, vessels and spectators from 

hazards associated with the swimming 

events and the inherent nature of a large 

number of swimmers, kayaks, and 

recreation vessels in the water. Swim 

events have the potential to result in 

serious injuries or fatalities. These 

temporary safety zones are intended to 

restrict vessels entering the area around 

the participants to reduce the risk while 

the swimmers are in the water. 

Discussion of Rule 

Several organizations are sponsoring 

swimming events within the waters of 

the Sector New York Captain of the Port 

Zone, including the Hudson River, the 

East River and Long Island Sound. The 

swim events consist of a large number 

of swimmers, and paddlers crossing the 

navigable channels. 

These events pose significant risks to 

participants, spectators and the boating 

public because of the large number of 

swimmers, kayakers, and recreational 

vessels that are expected in the area of 

the event. The temporary safety zones 

are necessary to ensure the safety of 

participants, spectators and vessels from 

the hazards associated with the swim 

events. 

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52466 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 

This rule establishes the following 

temporary safety zones: 

(1) A 100-yard radius around the 

participants of the Swim Across 

America swim event on the waters of 

Long Island Sound in the vicinity of 

Glen Cove, NY and Larchmont, NY. 

(2) A 100-yard radius around the 

participants of Newburgh to Beacon 

Swim event in the vicinity of 

Newburgh, NY. 

(3) A 100-yard radius around the 

participants of the Brooklyn Bridge 

Swim, a swim event on the waters of the 

East River in the vicinity of Brooklyn, 

NY. 

(4) A 100-yard radius around the 

participants of the Hudson River Swim 

for Life, a swim event on the waters of 

the Hudson River in the vicinity of 

Nyack, NY and Sleepy Hollow, NY. 

(5) A 100-yard radius around the 

participants of the Toughman Half 

Triathlon, a swim event on the waters 

of the Hudson River in the vicinity of 

Croton Point Park, NY. 

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. 

The Coast Guard’s implementation of 

these temporary safety zones will be of 

short duration and designed to 

minimize the impact on navigable 

waters. These safety zones will be of 

limited duration, and they cover only a 

small portion of the navigable 

waterways. Furthermore, vessels may be 

authorized to transit the zones with 

permission of the Captain of the Port 

New York or designated representative. 

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 and operators of 

vessels intending to transit or anchor in 

the designated safety zone during the 

enforcement period of the named swim 

events. 

The safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Vessel traffic can 

safely transit around the zones. Before 

the effective period, the Coast Guard 

will issue notice of the time and 

location of each safety zone through the 

Local Notice to Mariners and Broadcast 

Notice to Mariners. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

With Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

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Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 52467 

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, the Coast Guard 

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 as this rule 

involves establishing safety 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, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

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

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary safety zones 

§ 165.T01–0502 to read as follows: 

§ 165.T01–0502 Safety Zones; Swim 

Events within the Sector New York Captain 

of the Port Zone. 

(a) Location. The following swim 

events include safety zones as described 

herein: 

(1) Swim Across America 2010 LIS 

Swim, Glen Cove, NY to Larchmont, 

NY. 

(i) All waters of Long Island Sound, 

from surface to bottom, within 100-yard 

radius around the swimmers swimming 

from Morgan Park Beach, Glen Cove, NY 

to Larchmont Shore Club, Larchmont, 

NY. 

(ii) Effective Date. This rule will be 

effective from 5:30 a.m. through 

10:30 p.m. on July 24, 2010 and August 

14, 2010. 

(2) Newburgh to Beacon Swim, 

Newburgh, NY to Beacon, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming from the waterfront at 

Newburgh, NY to the waterfront at 

Beacon, NY. 

(ii) Effective Date. This rule will be 

effective from 11:30 a.m. to 1:30 p.m. on 

July 31, 2010. 

(3) Brooklyn Bridge Swim, Brooklyn, 

NY. 

(i) All waters of the East River from 

surface to bottom, within a 100-yard 

radius around the swimmers swimming 

in the waters of the East River from 

Brooklyn Bridge Park to East River Park, 

Brooklyn. 

(ii) Effective Date. This rule will be 

effective from 11:45 a.m. to 1:30 p.m. on 

September 11, 2010. 

(4) Hudson River Swim for Life, 

Nyack, NY to Sleepy Hollow, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming from Nyack, NY to Kingsland 

Point Park, Sleepy Hollow, NY. 

(ii) Effective Date. This rule will be 

effective from 9 a.m. to 12:30 p.m. on 

September 12, 2010. 

(5) Toughman Half Iron Triathlon, 

Hudson River, Croton Point Park, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming in the vicinity of Haverstraw 

Bay, Croton Point Park, Westchester 

County, NY. 

(ii) Effective Date. This rule will be 

effective from 6 a.m. to 10 a.m. on 

September 12, 2010. 

(b) 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 that have been 

authorized to act on behalf of the 

Captain of the Port New York. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through or 

anchoring within the safety zones is 

prohibited unless authorized by the 

Captain of the Port New York or a 

designated representative. Persons 

desiring to transit within any of the 

safety zones established in this section 

may contact the Captain of the Port at 

telephone number 718–354–4398 or via 

on-scene patrol personnel on VHF 

channel 16 to seek authorization. 

If permission is granted, all persons 

and vessels must comply with the 

instructions of the Captain of the Port 

New York or the designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 3:30 a.m. to 11:59 

p.m. on various dates from July 24 to 

September 12, 2010. 

Dated: July 22, 2010. 

G.P. Hitchen, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port New York. 

[FR Doc. 2010–21311 Filed 8–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–201021; FRL– 

9193–4] 

Approval and Promulgation of Air 

Quality Implementation Plans: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for the Paducah Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the Kentucky State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

1997 8-hour ozone standards for the 

Paducah 1997 8-hour ozone attainment 

area, which comprises Marshall County 

and a portion of Livingston County 

(hereafter referred to as the ‘‘Paducah 

Area’’). This maintenance plan was 

submitted to EPA on May 27, 2008, by 

the Commonwealth of Kentucky, and 

ensures the continued attainment of the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) through the 

year 2020. On July 15, 2009, the 

Commonwealth of Kentucky submitted 

supplemental information with updated 

mstockstill on DSKH9S0YB1PROD with RULES