Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55975 

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 establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or 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, 

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(g), 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.T08–0786 to read as 

follows: 

§ 165.T08–0786 Safety Zone; Illnois River, 

Mile 000.5 to 001.5. 

(a) Location. The following area is a 

safety zone: all waters of the Illinois 

River, Mile 000.5 to 001.5 extending the 

entire width of the waterway. 

(b) Effective date. This rule is effective 

from 9 p.m. until 10 p.m. CDT on 

September 18, 2010. 

(c) Periods of Enforcement. This rule 

will be enforced from 9 p.m. until 10 

p.m. CDT on September 18, 2010. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 314– 

269–2332. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Upper Mississippi 

River or their designated representative. 

Designated Captain of the Port 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officers of the U.S. Coast 

Guard. 

Dated: August 23, 2010. 

S.L. Hudson, 

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

Port Upper Mississippi River. 

[FR Doc. 2010–23007 Filed 9–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0462] 

RIN 1625–AA00 

Safety Zone; San Diego Harbor Shark 

Fest Swim; San Diego Bay, San Diego, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

upon the navigable waters of the San 

Diego Bay, San Diego, CA, in support of 

a bay swim in San Diego Harbor. This 

temporary 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 

designated representative. 

DATES: This rule is effective from 8:30 

a.m. to 10:30 a.m. on September 19, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0462 and are available online by going 

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

USCG–2010–0462 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 Petty Officer Corey 

McDonald, Waterways Management, 

U.S. Coast Guard Sector San Diego, 

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 

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 logistical details of 

the San Diego Bay swim in sufficient 

time to issue an NPRM without delaying 

this rulemaking. A delay or cancellation 

of the event in order to allow for a 

notice and comment period is contrary 

to the public interest because it is 

necessary to protect participants, crew, 

spectators, sponsor vessels, and other 

users of the waterway during the event. 

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. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure public safety. 

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55976 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

Basis and Purpose 

Enviro-Sports Production is 

sponsoring the San Diego Harbor Shark 

Fest Swim, consisting of 600 swimmers 

swimming a predetermined course. The 

sponsor will provide 26 safety vessels 

for this event. This temporary safety 

zone is necessary to provide for the 

safety of the participants, crew, 

spectators, sponsor vessels, and other 

users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone that will be 

enforced from 8:30 a.m. to 10:30 a.m. on 

September 19, 2010. This safety zone 

will encompass the navigable waters of 

the San Diego Bay bounded by the 

following coordinates: 

32°42.17′ N, 117°09.83′ W; 

32°41.66′ N, 117°09.88′ W; 

along the shore line to 32°41.29′ N, 

117°09.77′ W; 

32°41.50′ N, 117°09.73′ W; 

32°42.05′ N, 117°09.68′ W; 

along the shore line to 32°42.17′ N, 

117°09.83′ W. 

This temporary safety zone is necessary 

to ensure non-authorized personnel and 

vessels remain safe by keeping clear of 

the hazardous area during the training 

activities. 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 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 determination is based on the 

size and location of the safety zone. 

Commercial vessels will not be 

hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times. 

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 

the portion of the San Diego Bay from 

8:30 a.m. to 10:30 a.m. on September 19, 

2010. 

This temporary 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 only 120 minutes early 

in the day when vessel traffic is low. 

Vessel traffic can pass safely around the 

zone. Before the effective period, the 

Coast Guard will issue broadcast notice 

to mariners (BNM) alerts via marine 

channel 16 VHF before the temporary 

safety zone is enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not 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 

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55977 

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 are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

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

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–332 to read as 

follows: 

§ 165.T11–332 Safety Zone; San Diego 

Harbor Shark Fest Swim; San Diego Bay, 

San Diego, CA. 

(a) Location. The following area is a 

safety zone: All the navigable waters of 

the San Diego Bay bounded by the 

following coordinates: 

32°42.17′ N, 117°09.83′ W; 

32°41.66′ N, 117°09.88′ W; 

along the shore line to 32°41.29′ N, 

117°09.77′ W; 

32°41.50′ N, 117°09.73′ W; 

32°42.05′ N, 117°09.68′ W; 

along the shore line to 32°42.17′ N, 

117°09.83′ W. 

(b) Enforcement Period. This section 

will be enforced from 8:30 a.m. to 10:30 

a.m. on September 19, 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 San Diego. 

(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 

designated 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 

Captain of the Port San Diego or 

designated representative. 

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

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: August 11, 2010. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–23009 Filed 9–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0666–201032; FRL– 

9202–1] 

Adequacy Status of the Knoxville, TN 

1997 8-Hour Ozone Maintenance Plan 

Motor Vehicle Emission Budgets for 

Transportation Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: EPA is notifying the public 

that it has found that the motor vehicle 

emissions budgets (MVEBs) contained 

in the State Implementation Plan (SIP) 

revision for the Knoxville, Tennessee 

1997 8-Hour Ozone Maintenance Plan 

are adequate for transportation 

conformity purposes. This revision was 

submitted on July 14, 2010, by the 

Tennessee Department of Environment 

and Conservation (TDEC). The 

Knoxville 1997 8-Hour ozone 

nonattainment area (hereafter referred to 

as ‘‘the Knoxville Area’’) for which 

MVEBs are established in today’s notice 

is comprised of the entire counties of 

Anderson, Blount, Jefferson, Knox, 

Sevier, and Loudon as well as the 

portion of Cocke County that falls 

within the boundaries of the Great 

Smoky Mountains National Park. On 

March 2, 1999, the United States Court 

of Appeals for the District of Columbia 

Circuit (DC Circuit) ruled that submitted 

SIPs cannot be used for transportation 

conformity determinations until EPA 

has affirmatively found them adequate. 

As a result of EPA’s finding, the 

Knoxville Area must use the MVEBs for 

future conformity determinations for the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS). 

DATES: These MVEBs are effective 

September 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, U.S. Environmental 

Protection Agency, Region 4, Air 

Planning Branch, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303. Ms. 

Sheckler can also be reached by 

telephone at (404) 562–9222, or via 

electronic mail at 

sheckler.kelly@epa.gov. The finding is 

available at EPA’s conformity Web site: 

mstockstill on DSKH9S0YB1PROD with RULES