Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53567 

ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES; AND APPENDIX 3, 

DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2010—Continued 

[Quantities in kilograms] 

Article by Additional U.S. Note Number and Country of Origin Appendix 1 Appendix 2 

Appendix 3 

Tokyo Round Uruguay Round 

ITALIAN-TYPE CHEESES, MADE FROM COW’S MILK, (ROMANO MADE FROM COW’S MILK, REGGIANO, PARMESAN, 

PROVOLONE, PROVOLETTI, SBRINZ, AND GOYA—NOT IN 

ORIGINAL LOAVES) AND CHEESE AND SUBSTITUTES FOR 

CHEESE CONTAINING, OR PROCESSED FROM, SUCH 

ITALIAN-TYPE CHEESES, WHETHER OR NOT IN ORIGINAL 

LOAVES (NOTE 21) .................................................................... 6,411,744 1,108,803 795,517 5,165,000 

Argentina .................................................................................. 3,915,276 210,207 367,517 1,890,000 

EU–25 ....................................................................................... 2,496,468 885,532 ............................ 2,025,000 

Romania ................................................................................... ............................ ............................ ............................ 500,000 

Uruguay .................................................................................... ............................ ............................ 428,000 750,000 

Other Countries ........................................................................ ............................ 13,064 ............................ ............................

SWISS OR EMMENTHALER CHEESE OTHER THAN WITH EYE 

FORMATION, GRUYERE-PROCESS CHEESE AND CHEESE 

AND SUBSTITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, SUCH CHEESES (NOTE 22) ............................ 5,322,872 1,328,442 823,519 380,000 

EU–25 ....................................................................................... 4,053,682 1,098,312 393,006 380,000

Switzerland ............................................................................... 1,235,692 183,795 430,513 ............................

Other Countries ........................................................................ 33,498 46,335 ............................ ............................

CHEESE AND SUBSTITUTES FOR CHEESE, CONTAINING 0.5 

PERCENT OR LESS BY WEIGHT OF BUTTERFAT (EXCEPT 

ARTICLES WITHIN THE SCOPE OF OTHER TARIFF-RATE 

QUOTAS PROVIDED FOR IN THIS SUBCHAPTER), AND 

MARGARINE CHEESE (NOTE 23) ............................................. 1,134,195 3,290,723 1,050,000 ............................

EU–25 ....................................................................................... 1,134,194 3,290,723 ............................ ............................

Israel ......................................................................................... ............................ ............................ 50,000 ............................

New Zealand ............................................................................ ............................ ............................ 1,000,000 ............................

Other Countries ........................................................................ 1 ............................ ............................ ............................

SWISS OR EMMENTHALER CHEESE WITH EYE FORMATION 

(NOTE 25) .................................................................................... 15,953,229 6,344,102 9,557,945 2,620,000 

Argentina .................................................................................. ............................ 9,115 70,885 ............................

Australia .................................................................................... 209,698 ............................ 290,302 ............................

Canada ..................................................................................... ............................ ............................ 70,000 ............................

EU–25 ....................................................................................... 11,160,390 5,316,438 4,003,172 2,420,000 

Iceland ...................................................................................... 149,999 ............................ 150,001 ............................

Israel ......................................................................................... 27,000 ............................ ............................ ............................

Norway ...................................................................................... 3,181,685 473,625 3,227,690 ............................

Switzerland ............................................................................... 1,178,377 505,728 1,745,895 200,000 

Other Countries ........................................................................ 46,080 39,196 ............................ ............................

TOTAL: CHEESE ARTICLES ........................................... 65,051,423 22,849,230 22,764,145 24,921,000 

TOTAL: NON–CHEESE ARTICLES ................................. 5,231,404 16,633,377 ............................ ............................

TOTAL: CHEESE ARTICLES & NON–CHEESE ARTICLES .............................................................................. 70,282,827 39,482,607 ............................ ............................

[FR Doc. 2010–21777 Filed 8–31–10; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 0908201245–0217–01] 

RIN 0648–AY20 

Gulf of the Farallones, Monterey Bay 

and Cordell Bank National Marine 

Sanctuaries Technical Corrections 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Final rule; technical correction. 

SUMMARY: On November 20, 2008, the 

National Oceanic and Atmospheric 

Administration (NOAA) published a 

final rule in the Federal Register for the 

Gulf of the Farallones, Monterey Bay 

and Cordell Bank national marine 

sanctuaries (referred to jointly as the 

joint management plan review or JMPR). 

Some sets of coordinates in that final 

rule contained technical errors or 

omissions that need to be corrected for 

the zones to be properly mapped. Other 

mstockstill on DSKH9S0YB1PROD with RULES

53568 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

minor corrections are also included in 

this rule. 

DATES: Effective Date: This final rule is 

effective on September 1, 2010. 

Implementation Dates: With regard to 

the corrections to the coordinate tables, 

implementation of this final rule begins 

on October 1, 2010. With regard to the 

other corrections, implementation of 

this final rule begins September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

Armor, Office of National Marine 

Sanctuaries, 1305 East-West Highway, 

Silver Spring, MD 20910, or by phone 

at 301–713–3125. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NOAA established the Gulf of the 

Farallones National Marine Sanctuary 

(GFNMS) in 1981 to protect and 

preserve a unique and fragile ecological 

community, including the largest 

seabird colony in the contiguous United 

States, and diverse and abundant 

marine mammals. The GFNMS lies off 

the coast of California, to the west and 

north of San Francisco, and is composed 

of 1,279 square statute miles (966 square 

nautical miles) of offshore waters, and 

the submerged lands thereunder, 

extending out to and around the 

Farallon Islands and nearshore waters 

(up to the mean high tide line) from 

Bodega Head to Rocky Point in Marin. 

For more information about the GFNMS, 

see http://farallones.noaa.gov. 

NOAA established the Monterey Bay 

National Marine Sanctuary (MBNMS) in 

1992 for the purposes of protecting and 

managing the conservation, ecological, 

recreational, research, educational, 

historical, and esthetic resources and 

qualities of the area. The MBNMS is 

located offshore of California’s central 

coast, adjacent to and south of the 

GFNMS. It encompasses a shoreline 

length of approximately 276 statute 

miles (240 nmi) between Rocky Pt. in 

Marin County and Cambria in San Luis 

Obispo County. The sanctuary spans 

approximately 6,094 square statute 

miles (4,602 square nautical miles) of 

ocean and coastal waters, and the 

submerged lands thereunder, extending 

an average distance of 30 statute miles 

(26 nmi) from shore. The distant 

Davidson Seamount is also part of the 

sanctuary, though it does not share a 

contiguous boundary. Supporting some 

of the world’s most diverse marine 

ecosystems, the MBNMS is home to 

numerous mammals, seabirds, fishes, 

invertebrates, sea turtles and plants in a 

remarkably productive coastal 

environment. For more information 

about the MBNMS, please see http:// 

montereybay.noaa.gov. 

NOAA established the Cordell Bank 

National Marine Sanctuary (CBNMS) in 

1989 to protect and preserve the 

extraordinary ecosystem, including 

marine birds, mammals, and other 

natural resources of Cordell Bank and 

its surrounding waters. The CBNMS 

protects an area of 529 square statute 

miles (399 square nautical miles) of 

marine waters, and the submerged lands 

thereunder, off the northern California 

coast. The main feature of the sanctuary 

is Cordell Bank, an offshore granite bank 

located on the edge of the continental 

shelf, about 23 statute miles (20 nmi) 

west of the Point Reyes lighthouse. The 

CBNMS is entirely offshore and shares 

its southern and eastern boundary with 

the GFNMS. The western boundary is 

the 1000 fathom isobath on the edge of 

the continental slope. The CBNMS is 

located in one of the world’s four major 

coastal upwelling systems. The 

combination of oceanic conditions and 

undersea topography provides for a 

highly productive environment in a 

discrete, well-defined area. For more 

information about the CBNMS, please 

see http://cordellbank.noaa.gov. 

Pursuant to section 304(e) of the 

National Marine Sanctuaries Act (16 

U.S.C. 1434 et seq.) (NMSA), the Office 

of National Marine Sanctuaries (ONMS) 

conducted a joint review of the 

management plans for the Gulf of the 

Farallones, Monterey Bay and Cordell 

Bank national marine sanctuaries 

between 2001 and 2008. This review 

resulted in revised management plans, 

regulations, and terms of designation for 

all three sanctuaries. On November 20, 

2008, NOAA published the associated 

final rule and terms of designation (73 

FR 70488) and released the revised 

management plans. 

II. Technical Corrections 

In the November 20, 2008 Federal 

Register notice, NOAA published the 

coordinates for the outer boundary of 

GFNMS and certain zones within the 

outer boundary. Both sets of coordinates 

contained technical omissions that need 

to be corrected so that the digital 

representation of these boundaries on a 

map would more accurately represent 

the boundaries as they are described in 

the language of the rule. 

The outer boundary coordinate table 

for GFNMS (Appendix A) published on 

November 20, 2008 did not contain the 

final coordinate of the shoreward point. 

Through this action, NOAA is making a 

technical correction by reprinting the 

outer boundary table in Appendix A in 

its entirety, with the omitted coordinate, 

point 32. With this correction, from 

Point 31, the boundary follows the 

MBNMS boundary northeastward in a 

geodetic line towards Point 32 

(37.88225N and 122.62753W) until it 

intersects the mean high water line 

(MHWL). Because the southern 

boundary of the GFNMS is the same as 

the northern boundary for the MBNMS, 

NOAA is also reprinting the boundary 

coordinates for the MBNMS (Appendix 

A for part M of section 922) with this 

same point (point 32) replacing the 

existing Point 1 with the same 

coordinate listed above (37.88225N and 

122.62753W). Additional points were 

changed to correct for a non-stationary 

intersection of the transient MHWL and 

the lines connecting offshore and 

onshore points, and therefore required 

several points to be moved shoreward, 

including: Point 35 (35.55483N and 

121.10399W), Point 36 (37.59421N and 

122.52001W), and Point 39 (37.81777N 

and 122.53008W). These corrections do 

not alter the existing boundaries of 

either sanctuary, but rather provide data 

points that facilitate the correct 

depiction of the boundaries as defined 

by the rule when the points are mapped. 

The November 20, 2008 final rule also 

included a provision to prohibit vessels 

from anchoring in designated seagrass 

protection zones in Tomales Bay (with 

an exception for mariculture operations 

conducted pursuant to a valid lease, 

permit, or license). This prohibition was 

designed to protect the important and 

fragile seagrass found in several areas of 

Tomales Bay from the effects of vessel 

anchor damage. In publishing the 

boundary coordinates for two of the 

seven seagrass protection zones, NOAA 

omitted points that made accurate 

mapping difficult. NOAA erroneously 

omitted one point in the table for Zone 

2 and one coordinate in the table for 

Zone 4. As such, NOAA is republishing 

the coordinate tables for zones 2 and 4 

to allow accurate GPS plotting. 

Inclusion of these previously missing 

data points does not change the 

boundaries of either protection zone 

established in the final rule but rather 

allows the boundaries of these zones to 

be correctly delineated on a map. 

The final rule in 2008 also 

inadvertently failed to expressly except 

from the discharge requirements 

applicable to cruise ships ‘‘vessel engine 

or generator exhaust’’ emitted in order to 

operate the ship. Through this rule, 

NOAA is correcting this omission by 

explicitly excepting from the discharge 

requirements for cruise ships vessel 

engine or generator exhaust. 

This action does not change the intent 

of the final rule. Historically, cruise 

ships have regularly transited through 

the sanctuaries. Given their means of 

propulsion, cruise ships must discharge 

vessel engine and generator exhaust to 

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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53569 

operate. In recognition of this, 

regulations in place prior to this rulemaking specifically authorized the 

discharge of vessel exhaust from all 

types of vessels, including cruise ships. 

As is evident from the 2006 proposed 

rules, the 2008 final rule and Final 

Environmental Impact Statement (FEIS) 

associated with the rule-making, 

NOAA’s intent was to allow the 

continued operation of cruise ships 

within sanctuaries, but subject to greater 

limitations on certain discharges or 

deposits, particularly sewage and 

graywater. Indeed, both the proposed 

and final rules specifically allow cruise 

ships to discharge clean engine cooling 

water, which is produced incidental to 

vessel operations. Absent an exception 

for engine and generator exhaust, which 

under the final rule remains expressly 

permissible to all other vessels that 

operate within the sanctuaries, the rule 

would inadvertently ban all cruise ships 

from operating in the sanctuaries. 

The final rule in 2008 contained an 

erroneous and possibly confusing 

duplication in the description of 

Appendix B to Subpart M for the 

MBNMS Overflight Restriction Zones. 

The description as it is currently written 

in paragraphs 1 and 2 includes both the 

words ‘‘heading’’ and ‘‘bearing.’’ NOAA 

is correcting this error by eliminating 

the word ‘‘heading’’ from each 

description. The revised Appendix B to 

Subpart M is printed with the 

corrections in the regulatory text below. 

Last, the final rule contained the 

redundant use of the word ‘‘true’’ in the 

Mavericks motorized personal 

watercraft (MPWC) zone description in 

Appendix E to Subpart M for the 

MBNMS—Motorized Personal 

Watercraft Zones and Access Routes 

Within the Sanctuary. NOAA is 

correcting this error and removing the 

redundant words in paragraphs 2 and 5 

under this heading. The revised 

Appendix E to Subpart M is printed 

with the corrections in the regulatory 

text below. 

III. Classification 

A. Administrative Procedure Act 

The Acting Assistant Administrator 

finds good cause pursuant to 5 U.S.C. 

553(b)(B) and (d)(3), respectively, to 

waive the requirements of public notice 

and comment and 30-day delay in 

effectiveness because they are 

unnecessary. This rule makes technical 

non-substantive corrections to errors in 

the regulations of November 20, 2008 to 

clarify the intent of that rule. The intent 

of the final rule published in 2008 is not 

affected by these corrections. With 

regard to the corrections to the 

coordinate tables, implementation of 

this final rule will not begin until 

October 1, 2010 in order to give the 

public reasonable time to take note of 

the mapping refinements. 

B. National Environmental Policy Act 

NOAA prepared a final environmental 

impact statement (FEIS) to evaluate the 

regulatory changes for the JMPR. This 

rule does not change that assessment, as 

this rule contains strictly technical 

corrections and does not change the 

intent of the original regulations. 

C. Executive Order 12866: Regulatory 

Impact 

This regulatory action has been 

determined to be not significant within 

the meaning of Executive Order 12866. 

D. Executive Order 13132: Federalism 

Assessment 

NOAA has concluded that this 

regulatory action does not fall within 

the definition of ‘‘policies that have 

federalism implications’’ within the 

meaning of Executive Order 13132. The 

changes will not preempt State law. 

E. Regulatory Flexibility Act 

Because notice and opportunity for 

comment are not required for this action 

pursuant to 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

F. Paperwork Reduction Act 

This correction amendment does not 

contain information collections that are 

subject to the requirements of the 

Paperwork Reduction Act. 

Notwithstanding any other provision of 

the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure, Boundary coordinates, 

Harbors, Motorized personal watercraft 

(MPWC), Recreation and recreation 

areas, Research, Seagrass protection, 

Water resources, Wildlife, Zones. 

Dated: August 19, 2010. 

Holly Bamford, 

Acting Deputy Assistant Administrator for 

Ocean Services and Coastal Zone 

Management. 

■ Accordingly, for the reasons set forth 

above, 15 CFR part 922 is amended as 

follows: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

■ 1. The authority citation for part 922 

continues to read as follows: 

Authority: 16 U.S.C. 1431 et seq. 

■ 2. Amend section 922.82 by revising 

paragraph (a)(3) to read as follows: 

§ 922.82 Prohibited or otherwise regulated 

activities. 

(a) * * * 

(3) Discharging or depositing from 

within or into the Sanctuary any 

material or other matter from a cruise 

ship except clean vessel engine cooling 

water, clean vessel generator cooling 

water, vessel engine or generator 

exhaust, clean bilge water, or anchor 

wash. 

* * * * * 

■ 3. Appendix A to Subpart H of Part 

922 is revised to read as follows: 

Appendix A to Subpart H of Part 922— 

Gulf of the Farallones National Marine 

Sanctuary Boundary Coordinates 

Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Point ID No. 

Sanctuary 

Boundary 

Latitude Longitude 

1 ...................... 38.29896 ¥123.05989 

2 ...................... 38.26390 ¥123.18138 

3 ...................... 38.21001 ¥123.11913 

4 ...................... 38.16576 ¥123.09207 

5 ...................... 38.14072 ¥123.08237 

6 ...................... 38.12829 ¥123.08742 

7 ...................... 38.10215 ¥123.09804 

8 ...................... 38.09069 ¥123.10387 

9 ...................... 38.07898 ¥123.10924 

10 .................... 38.06505 ¥123.11711 

11 .................... 38.05202 ¥123.12827 

12 .................... 37.99227 ¥123.14137 

13 .................... 37.98947 ¥123.23615 

14 .................... 37.95880 ¥123.32312 

15 .................... 37.90464 ¥123.38958 

16 .................... 37.83480 ¥123.42579 

17 .................... 37.76687 ¥123.42694 

18 .................... 37.75932 ¥123.42686 

19 .................... 37.68892 ¥123.39274 

20 .................... 37.63356 ¥123.32819 

21 .................... 37.60123 ¥123.24292 

22 .................... 37.59165 ¥123.22641 

23 .................... 37.56305 ¥123.19859 

24 .................... 37.52001 ¥123.12879 

25 .................... 37.50819 ¥123.09617 

26 .................... 37.49418 ¥123.00770 

27 .................... 37.50948 ¥122.90614 

28 .................... 37.52988 ¥122.85988 

29 .................... 37.57147 ¥122.80399 

30 .................... 37.61622 ¥122.76937 

31 .................... 37.66641 ¥122.75105 

32 .................... 37.88225 ¥122.62753 

■ 4. Table C–2 and table C–4 in 

Appendix C to Subpart H of Part 922 are 

revised and Appendix C is republished 

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53570 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

in its entirety, with the aforementioned 

revisions, to read as follows: 

Appendix C to Subpart H of Part 922— 

No-Anchoring Seagrass Protection 

Zones in Tomales Bay 

Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Table C–1: Zone 1: 

Zone 1 is an area of approximately 39.9 

hectares offshore south of Millerton Point. 

The eastern boundary is a straight line that 

connects points 1 and 2 listed in the 

coordinate table below. The southern 

boundary is a straight line that connects 

points 2 and 3, the western boundary is a 

straight line that connects points 3 and 4 and 

the northern boundary is a straight line that 

connects point 4 to point 5. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 1 Point 

ID Latitude Longitude 

1 ...................... 38.10571 ¥122.84565 

2 ...................... 38.09888 ¥122.83603 

3 ...................... 38.09878 ¥122.84431 

4 ...................... 38.10514 ¥122.84904 

5 ...................... Same as 1. Same as 1. 

Table C–2: Zone 2: 

Zone 2 is an area of approximately 50.3 

hectares that begins just south of Marconi 

and extends approximately 3 kilometers 

south along the eastern shore of Tomales Bay. 

The eastern boundary is the mean high water 

(MHW) line from point 1 to point 2 listed in 

the coordinate table below. The southern 

boundary is a straight line that connects 

point 2 to point 3. The western boundary is 

a series of straight lines that connect points 

3 through 7 in sequence and then connects 

point 7 to point 8. All coordinates are in the 

Geographic Coordinate System relative to the 

North American Datum of 1983. 

Zone 2 Point 

ID Latitude Longitude 

1 ...................... 38.14071 ¥122.87440 

2 ...................... 38.11601 ¥122.85820 

3 ...................... 38.11386 ¥122.85851 

4 ...................... 38.11899 ¥122.86731 

5 ...................... 38.12563 ¥122.86480 

6 ...................... 38.12724 ¥122.86488 

7 ...................... 38.13326 ¥122.87178 

8 ...................... Same as 1. Same as 1. 

Table C–3: Zone 3: 

Zone 3 is an area of approximately 4.6 

hectares that begins just south of Marshall 

and extends approximately 1 kilometer south 

along the eastern shore of Tomales Bay. The 

eastern boundary is the mean high water 

(MHW) line from point 1 to point 2 listed in 

the coordinate table below. The southern 

boundary is a straight line that connects 

point 2 to point 3, the western boundary is 

a straight line that connects point 3 to point 

4, and the northern boundary is a straight 

line that connects point 4 to point 5. All 

coordinates are in the Geographic Coordinate 

System relative to the North American Datum 

of 1983. 

Zone 3 Point 

ID Latitude Longitude 

1 ...................... 38.16031 ¥122.89442 

2 ...................... 38.15285 ¥122.88991 

3 ...................... 38.15250 ¥122.89042 

4 ...................... 38.15956 ¥122.89573 

5 ...................... Same as 1. Same as 1. 

Table C–4: Zone 4: 

Zone 4 is an area of approximately 61.8 

hectares that begins just north of Nicks Cove 

and extends approximately 5 kilometers 

south along the eastern shore of Tomales Bay 

to just south of Cypress Grove. The eastern 

boundary is the mean high water (MHW) line 

from point 1 to point 2 listed in the 

coordinate table below. The southern 

boundary is a straight line that connects 

point 2 to point 3. The western boundary is 

a series of straight lines that connect points 

3 through 10 in sequence. The northern 

boundary is a straight line that connects 

point 10 to point 11. All coordinates are in 

the Geographic Coordinate System relative to 

the North American Datum of 1983. 

Zone 4 Point 

ID Latitude Longitude 

1 ...................... 38.20073 ¥122.92181 

2 ...................... 38.16259 ¥122.89627 

3 ...................... 38.16227 ¥122.89650 

4 ...................... 38.16535 ¥122.90308 

5 ...................... 38.16869 ¥122.90475 

6 ...................... 38.17450 ¥122.90545 

7 ...................... 38.17919 ¥122.91021 

8 ...................... 38.18651 ¥122.91404 

9 ...................... 38.18881 ¥122.91740 

10 .................... 38.20004 ¥122.92315 

11 .................... Same as 1. Same as 1. 

Table C–5: Zone 5: 

Zone 5 is an area of approximately 461.4 

hectares that begins east of Lawsons Landing 

and extends approximately 5 kilometers east 

and south along the eastern shore of Tomales 

Bay but excludes areas adjacent 

(approximately 600 meters) to the mouth of 

Walker Creek. The boundary follows the 

mean high water (MHW) mark from point 1 

and trends in a southeast direction to point 

2 listed in the coordinate table below. From 

point 2 the boundary trends westward in a 

straight line to point 3, then trends 

southward in a straight line to point 4 and 

then trends eastward in a straight line to 

point 5. The boundary follows the mean high 

water line from point 5 southward to point 

6. The southern boundary is a straight line 

that connects point 6 to point 7. The eastern 

boundary is a series of straight lines that 

connect points 7 to 9 in sequence and then 

connects point 9 to point 10. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 5 Point 

ID Latitude Longitude 

1 ...................... 38.23122 ¥122.96300 

2 ...................... 38.21599 ¥122.93749 

Zone 5 Point 

ID Latitude Longitude 

3 ...................... 38.20938 ¥122.94153 

4 ...................... 38.20366 ¥122.93246 

5 ...................... 38.20515 ¥122.92453 

6 ...................... 38.20073 ¥122.92181 

7 ...................... 38.19405 ¥122.93477 

8 ...................... 38.20436 ¥122.94305 

9 ...................... 38.21727 ¥122.96225 

10 .................... Same as 1. Same as 1. 

Table C–6: Zone 6: 

Zone 6 is an area of approximately 3.94 

hectares in the vicinity of Indian Beach along 

the western shore of Tomales Bay. The 

western boundary follows the mean high 

water (MHW) line from point 1 northward to 

point 2 listed in the coordinate table below. 

The northern boundary is a straight line that 

connects point 2 to point 3. The eastern 

boundary is a straight line that connects 

point 3 to point 4. The southern boundary is 

a straight line that connects point 4 to point 

5. All coordinates are in the Geographic 

Coordinate System relative to the North 

American Datum of 1983. 

Zone 6 Point 

ID Latitude Longitude 

1 ...................... 38.13811 ¥122.89603 

2 ...................... 38.14040 ¥122.89676 

3 ...................... 38.14103 ¥122.89537 

4 ...................... 38.13919 ¥122.89391 

5 ...................... Same as 1. Same as 1. 

Table C–7: Zone 7: 

Zone 7 is an area of approximately 32.16 

hectares that begins just south of Pebble 

Beach and extends approximately 3 

kilometers south along the western shore of 

Tomales Bay. The western boundary is the 

mean high water (MHW) line from point 1 to 

point 2 listed in the coordinate table below. 

The northern boundary is a straight line that 

connects point 2 to point 3. The eastern 

boundary is a series of straight lines that 

connect points 3 through 7 in sequence. The 

southern boundary is a straight line that 

connects point 7 to point 8. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 7 Point 

ID Latitude Longitude 

1 ...................... 38.11034 ¥122.86544 

2 ...................... 38.13008 ¥122.88742 

3 ...................... 38.13067 ¥122.88620 

4 ...................... 38.12362 ¥122.87984 

5 ...................... 38.11916 ¥122.87491 

6 ...................... 38.11486 ¥122.86896 

7 ...................... 38.11096 ¥122.86468 

8 ...................... Same as 1. Same as 1. 

■ 5. Amend section 922.112 by revisng 

paragraph (a)(1)(ii) to read as follows: 

§ 922.112 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(1) * * * 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53571 

(ii) Discharging or depositing from 

within or into the Sanctuary any 

material or other matter from a cruise 

ship except clean vessel engine cooling 

water, clean vessel generator cooling 

water, vessel engine or generator 

exhaust, clean bilge water, or anchor 

wash. 

* * * * * 

■ 6. Amend section 922.132 by revising 

paragraph (a)(2)(ii) to read as follows: 

§ 922.132 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(2) * * * 

(ii) Discharging or depositing from 

within or into the Sanctuary any 

material or other matter from a cruise 

ship except clean vessel engine cooling 

water, clean vessel generator cooling 

water, vessel engine or generator 

exhaust, clean bilge water, or anchor 

wash. 

* * * * * 

■ 7. Appendix A to Subpart M of Part 

922 is revised to read as follows: 

Appendix A to Subpart M of Part 922— 

Monterey Bay National Marine 

Sanctuary Boundary Coordinates 

Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Point ID No. Latitude Longitude 

Seaward Boundary 

1 ...................... 37.88225 ¥122.62753 

2 ...................... 37.66641 ¥122.75105 

3 ...................... 37.61622 ¥122.76937 

4 ...................... 37.57147 ¥122.80399 

5 ...................... 37.52988 ¥122.85988 

6 ...................... 37.50948 ¥122.90614 

7 ...................... 37.49418 ¥123.00770 

8 ...................... 37.50819 ¥123.09617 

9 ...................... 37.52001 ¥123.12879 

10 .................... 37.45304 ¥123.14009 

11 .................... 37.34316 ¥123.13170 

12 .................... 37.23062 ¥123.10431 

13 .................... 37.13021 ¥123.02864 

14 .................... 37.06295 ¥122.91261 

15 .................... 37.03509 ¥122.77639 

16 .................... 36.92155 ¥122.80595 

17 .................... 36.80632 ¥122.81564 

18 .................... 36.69192 ¥122.80539 

19 .................... 36.57938 ¥122.77416 

20 .................... 36.47338 ¥122.72568 

21 .................... 36.37242 ¥122.65789 

22 .................... 36.27887 ¥122.57410 

23 .................... 36.19571 ¥122.47699 

24 .................... 36.12414 ¥122.36527 

25 .................... 36.06864 ¥122.24438 

26 .................... 36.02451 ¥122.11672 

27 .................... 35.99596 ¥121.98232 

28 .................... 35.98309 ¥121.84069 

29 .................... 35.98157 ¥121.75634 

30 .................... 35.92933 ¥121.71119 

31 .................... 35.83773 ¥121.71922 

32 .................... 35.72063 ¥121.71216 

33 .................... 35.59497 ¥121.69030 

Point ID No. Latitude Longitude 

34 .................... 35.55327 ¥121.63048 

35 .................... 35.55483 ¥121.10399 

36 .................... 37.59421 ¥122.52001 

37 .................... 37.61367 ¥122.61673 

38 .................... 37.76694 ¥122.65011 

39 .................... 37.81777 ¥122.53008 

Harbor Exclusions 

40 .................... 37.49414 ¥122.48483 

41 .................... 37.49540 ¥122.48576 

42 .................... 36.96082 ¥122.00175 

43 .................... 36.96143 ¥122.00112 

44 .................... 36.80684 ¥121.79145 

45 .................... 36.80133 ¥121.79047 

46 .................... 36.60837 ¥121.88970 

47 .................... 36.60580 ¥121.88965 

■ 8. Appendix B to Subpart M of Part 

922 is revised to read as follows: 

Appendix B to Subpart M of Part 922— 

Zones Within the Sanctuary Where 

Overflights Below 1000 Feet Are 

Prohibited 

The four zones are: 

(1) From mean high water to 3 nautical 

miles (nmi) offshore between a line 

extending from Point Santa Cruz on a 

southwesterly bearing of 220° true and a line 

extending from 2.0 nmi north of Pescadero 

Point on a southwesterly bearing of 240° true; 

(2) From mean high water to 3 nmi offshore 

between a line extending from the Carmel 

River mouth on a westerly bearing of 270° 

true and a line extending due west along 

latitude parallel 35.55488 N off of Cambria; 

(3) From mean high water and within a 5 

nmi seaward arc drawn from a center point 

of 36.80129 N, 121.79034 W (the end of the 

Moss Landing ocean pier as it appeared on 

the most current NOAA nautical charts as of 

January 1, 1993); and 

(4) Over the Sanctuary’s jurisdictional 

waters of Elkhorn Slough east of the Highway 

One bridge to Elkhorn Road. 

■ 9. Appendix E to Subpart M of Part 

922 is revised to read as follows: 

Appendix E to Subpart M of Part 922— 

Motorized Personal Watercraft Zones 

and Access Routes Within the 

Sanctuary 

[Coordinates in this appendix are 

unprojected (Geographic Coordinate System) 

and are calculated using the North American 

Datum of 1983] 

The five zones and access routes are: 

(1) The approximately one [1.0] nmi2 area 

off Pillar Point Harbor from harbor launch 

ramps, through the harbor entrance to the 

northern boundary of Zone One: 

Point ID No. Latitude Longitude 

1 (flashing 5- 

second 

breakwater 

entrance 

light and 

horn located 

at the seaward end of 

the outer 

west breakwater).

37.49395 ¥122.48477 

2 (bell buoy) ... 37.48167 ¥122.48333 

3 ...................... 37.48000 ¥122.46667 

4 ...................... 37.49333 ¥122.46667 

(2) The approximately five [5.0] nmi2 area 

off of Santa Cruz Small Craft Harbor from 

harbor launch ramps, through the harbor 

entrance, and then along a 100-yard wide 

access route southwest along a bearing of 

approximately 196° true (180° magnetic) to 

the red and white whistle buoy at 36.93833 

N, 122.01000 W. Zone Two is bounded by: 

Point ID No. Latitude Longitude 

1 ...................... 36.91667 ¥122.03333 

2 ...................... 36.91667 ¥121.96667 

3 ...................... 36.94167 ¥121.96667 

4 ...................... 36.94167 ¥122.03333 

(3) The approximately six [6.0] nmi2 area 

off of Moss Landing Harbor from harbor 

launch ramps, through harbor entrance, and 

then along a 100-yard wide access route 

southwest along a bearing of approximately 

230° true (215° magnetic) to the red and 

white bell buoy at the eastern boundary of 

Zone Three bounded by: 

Point ID No. Latitude Longitude 

1 ...................... 36.83333 ¥121.82167 

2 ...................... 36.83333 ¥121.84667 

3 ...................... 36.77833 ¥121.84667 

4 ...................... 36.77833 ¥121.81667 

5 (red and 

white bell 

buoy).

36.79833 ¥121.80167 

6 ...................... 36.81500 ¥121.80333 

(4) The approximately five [5.0] nmi2 area 

off of Monterey Harbor from harbor launch 

ramps to the seaward end of the U.S. Coast 

Guard Pier, and then along a 100-yard wide 

access route northeast along a bearing of 

approximately 15° true (0° magnetic) to the 

southern boundary of Zone Four bounded by: 

Point ID No. Latitude Longitude 

1 ...................... 36.64500 ¥121.92333 

2 ...................... 36.61500 ¥121.87500 

3 ...................... 36.63833 ¥121.85500 

4 ...................... 36.66667 ¥121.90667 

(5) The approximately one-tenth [0.10] 

nmi2 area near Pillar Point from the Pillar 

Point Harbor entrance along a 100-yard wide 

access route southeast along a bearing of 

approximately 174° true (159° magnetic) to 

the green bell buoy (identified as ‘‘Buoy 3’’) 

at 37.48154 N, 122.48156 W and then along 

a 100-yard wide access route northwest along 

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53572 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

a bearing of approximately 284° true (269° 

magnetic) to the green gong buoy (identified 

as ‘‘Buoy 1’’) at 37.48625 N, 122.50603 W, the 

southwest boundary of Zone Five. Zone Five 

exists only when a High Surf Warning has 

been issued by the National Weather Service 

and is in effect for San Mateo County and 

only during December, January, and 

February. Zone Five is bounded by: 

Point ID No. Latitude Longitude 

1 (gong buoy 

identified as 

‘‘Buoy 1’’).

37.48625 ¥122.50603 

2 ...................... 37.49305 ¥122.50603 

3 (Sail Rock) ... 37.49305 ¥122.50105 

4 ...................... 37.48625 ¥122.50105 

[FR Doc. 2010–21878 Filed 8–31–10; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0799] 

RIN 1625–AA00 

Safety Zone; Olympia Harbor Days Tug 

Boat Races, Budd Inlet, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within the navigation channel in Budd 

Inlet, WA during Olympia Harbor Days 

tug boat races. This safety zone is 

necessary to restrict vessel movement 

during racing activity in order to ensure 

the safety of participants, spectators, 

and the maritime public. This action is 

intended to restrict vessel traffic 

movement on specified waters of the 

Budd Inlet, WA during Olympia Harbor 

Days tug boat races. 

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

until 8 p.m. on September 5th, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0799 and are available online by going 

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

USCG–2010–0799 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 Ashley M. 

Wanzer, Sector Puget Sound, Waterways 

Management Division, Coast Guard; 

telephone 206–217–6175, e-mail 

SectorSeattleWWM@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 

contrary to the public interest to delay 

the effective date of this rule. Delaying 

the effective date by first publishing an 

NPRM would be contrary to the safety 

zone’s intended objectives because 

immediate action is needed to restrict 

vessel movement during racing activity 

in order to ensure the safety of 

participants, spectators, and the 

maritime public. 

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 and property; 

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 

This temporary rule addresses safety 

concerns associated with the Olympia 

Harbor Days tugboat races. Tugboat 

races result in vessel and spectator 

congestion in the proximity of the race 

course. Additionally, the draft of these 

vessels creates a large wake when 

accelerating at fast speeds during races. 

This safety zone is necessary to ensure 

spectators remain an adequate distance 

from the race course and to provide 

unencumbered access for emergency 

response craft in the event of a racerelated emergency. This safety zone will 

do so by prohibiting persons and vessel 

operators from entering, transiting or 

remaining within this safety zone while 

enforced. 

Discussion of Rule 

Olympia Harbor Days is an annual 

tugboat race in Budd Inlet, WA 

involving three classes of tugboat races. 

Each class of vessel will compete in a 

heat which will take place in the 

navigation channel. This safety zone 

restricts vessel movement in the 

navigation channel during each heat of 

racing. This rule is effective from 8 a.m. 

until 8 p.m. on September 5th, 2010. 

The safety zone will encompass all 

waters of Budd Inlet, WA the width of 

the navigation channel south of a line 

connecting the following points: 

47°05′34′′ N 122°55′53′′ W and 47°05′34′′ 

N 122°55′28′′ W, until reaching the 

northernmost end of the navigation 

channel at a line connecting the 

following points 47°05′06′′ N 122°55′28′′ 

W and 47°05′03′′ N, 122°55′44′′ W then 

southeasterly until reaching the 

southernmost entrance of the navigation 

channel at a line connecting the 

following points 47°04′00′′ N 122°54′28′′ 

N 122°54′35′′ W. Access to the zone will 

be restricted during the specified date 

and time. Entry into, transit through, 

mooring or anchoring within this zone 

is prohibited unless authorized by the 

Captain of the Port, Puget Sound or 

Designated Representative. 

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 rule is not a significant 

regulatory action because it is short in 

duration and vessels will be able to 

transit the navigation channel between 

heats of racing. 

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 

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