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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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53573 

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 this zone 

during periods of enforcement. This 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be 

enforced for a short duration and vessels 

will be able to navigate the channel 

between heats with the permission of 

the patrolling event committee crafts. 

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 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 the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination will be made 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. 

Chapters 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. 

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53574 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

■ 2. Add temporary § 33 CFR 165.T13– 

159 to read as follows: 

§ 165.T13–159 Safety Zone; Olympia 

Harbor Days Tug Boat Races, Budd Inlet, 

WA. 

(a) Safety Zones. The following area is 

designated as a safety zone: 

1. Location. 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. 

(b) Effective Period. This regulation is 

effective from 8 a.m. until 8 p.m. on 

September 5th, 2010. 

(c) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person or vessel may 

enter, transit, moor, or anchor within 

this safety zone unless authorized by the 

Captain of the Port or Designated 

Representative. 

(d) Authorization. All persons or 

vessels who desire to enter the safety 

zone created in this section must obtain 

permission from the Captain of the Port 

or Designated Representative by 

contacting either the event sponsor on 

VHF Ch 06, the on-scene patrol craft on 

VHF Ch 13 or Ch 16 or the Coast Guard 

Sector Puget Sound Joint Harbor 

Operations Center (JHOC) via telephone 

at 206–217–6002. 

Dated: August 17, 2010. 

S.W. Bornemann, 

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

Port, Puget Sound. 

[FR Doc. 2010–21779 Filed 8–31–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0776] 

RIN 1625–AA00 

Safety Zone; Fireworks Displays, 

Potomac River, National Harbor, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon 

specified waters of the Potomac River. 

This action is necessary to provide for 

the safety of life on navigable waters 

during five fireworks displays launched 

from a discharge barge located at 

National Harbor, in Prince Georges 

County, Maryland. This safety zone is 

intended to protect the maritime public 

in a portion of the Potomac River. 

DATES: This rule is effective from 

September 1, 2010 through November 

19, 2010. Comments and related 

material must reach the Coast Guard on 

or before October 1, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0776 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or e-mail Ronald L. 

Houck, Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments: 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0776), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

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

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0776’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents: 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

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

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0776’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

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

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act: 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

mstockstill on DSKH9S0YB1PROD with RULES