Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations 57167 

confidentiality to persons providing 

information concerning a candidate for 

position. Inability to maintain such 

confidentiality would restrict the free 

flow of information vital to a 

determination of a candidate’s 

qualifications and suitability. 

(3) From subsection (e)(1) (maintain 

only relevant and necessary records) 

because it is not always possible to 

establish relevance and necessity before 

all information is considered and 

evaluated in relation to an intelligence 

concern. In the absence of a national 

security basis for exemption under 

subsection (k)(1), records in this system 

may be exempted from the relevance 

requirement pursuant to subsection 

(k)(5) because it is not possible to 

determine in advance what exact 

information may assist in determining 

the qualifications and suitability of a 

candidate for position. Seemingly 

irrelevant details, when combined with 

other data, can provide a useful 

composite for determining whether a 

candidate should be appointed. 

(4) From subsections (e)(4)(G) and (H) 

(publication of procedures for notifying 

subjects of the existence of records 

about them and how they may access 

records and contest contents) because 

the system is exempted from subsection 

(d) provisions regarding access and 

amendment, and from the subsection (f) 

requirement to promulgate agency rules. 

Nevertheless, the ODNI has published 

notice concerning notification, access, 

and contest procedures because it may 

in certain circumstances determine it 

appropriate to provide subjects access to 

all or a portion of the records about 

them in a system of records. 

(5) From subsection (e)(4)(I) 

(identifying sources of records in the 

system of records) because identifying 

sources could result in disclosure of 

properly classified national defense or 

foreign policy information, intelligence 

sources and methods, and investigatory 

techniques and procedures. 

Notwithstanding its proposed 

exemption from this requirement, ODNI 

identifies record sources in broad 

categories sufficient to provide general 

notice of the origins of the information 

it maintains in its systems of records. 

(6) From subsection (f) (agency rules 

for notifying subjects to the existence of 

records about them, for accessing and 

amending records, and for assessing 

fees) because the system is exempt from 

subsection (d) provisions regarding 

access and amendment of records by 

record subjects. Nevertheless, the ODNI 

has published agency rules concerning 

notification of a subject in response to 

his request if any system of records 

named by the subject contains a record 

pertaining to him and procedures by 

which the subject may access or amend 

the records. Notwithstanding 

exemption, the ODNI may determine it 

appropriate to satisfy a record subject’s 

access request. 

Dated: September 10, 2010. 

John F. Kimmons, 

Lieutenant General, USA, Director of the 

Intelligence Staff. 

[FR Doc. 2010–23320 Filed 9–17–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0842] 

RIN 1625–AA00 

Safety Zone; CLS Fall Championship 

Hydroplane Race, Lake Sammamish, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Lake Sammamish, WA for 

the Composite Laminate Specialties 

(CLS) Fall Championship Hydroplane 

Race. This action is necessary to ensure 

public safety from the intrinsic dangers 

associated with high-speed races while 

ensuring unencumbered access for 

rescue personnel in the event of an 

emergency. During the enforcement 

period, no person or vessel will be 

allowed to enter the safety zone without 

the permission of the Captain of the Port 

or Designated Representative. 

DATES: This rule is effective from 9 a.m. 

on October 1, 2010, through 7 p.m. on 

October 3, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0842 and are available online by going 

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

USCG–2010–0842 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 to do 

so would be impracticable since the 

Hydroplane Races would be over by the 

time the notice could be published and 

comments taken. 

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 cause a 

safety hazard to the public. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of 

participants, vessels and spectators from 

hazards associated with high-speed 

hydroplane races. Hydroplane races 

have the potential to result in serious 

injuries or fatalities. This rule is 

intended to restrict vessels, vessel 

operators, and swimmers from entering 

the designated hydroplane race area 

during times of enforcement of this 

zone. 

Discussion of Rule 

Hydroplane races pose significant 

risks to participants, spectators and the 

boating public because of the large 

number of spectators, and vessel 

congestion occurring in the vicinity of 

the hydroplane race course. This rule 

establishes a safety zone on Lake 

Sammamish, WA encompassed by all 

waters south to land from a line starting 

at 47° 33.810′ N. 122° 04.810′ W. then 

east to 47° 33.810′ N. 122° 03.674′ W. 

This temporary safety zone is necessary 


jdjones on DSK8KYBLC1PROD with RULES
57168 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations 

to ensure the safety of participants, 

spectators and vessels from hazards 

associated with high-speed hydroplane 

races. The rule will be enforced from 9 

a.m. through 7 p.m. on each day from 

October 1 through October 4, 2010. 

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 minimal in size. 

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 the affected 

portion of Lake Sammamish during 

times of enforcement of this safety zone. 

This rule will not have a significant 

effect or economic impact on those 

small entities because this safety zone is 

located in a remote area with low vessel 

traffic, is short in duration and limited 

in size. 

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 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations 57169 

(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 

temporary 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 record keeping 

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.T13–162 to read as 

follows: 

§ 165.T13–162 Safety Zone; Composite 

Laminate Specialties Fall Championship 

Hydroplane Race, Lake Sammamish, WA 

(a) Location. All waters encompassed 

on the waters of Lake Sammamish, WA, 

south to land from a line starting at 47° 

33.810′ N 122° 04.810′ W then east to 

47° 33.810′ N 122° 03.674′ W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no vessel operator may 

enter or remain in the safety zone 

without the permission of the Captain of 

the Port or Designated Representative. 

The Captain of the Port may be assisted 

by other federal, state, or local agencies 

with the enforcement of the safety zone. 

(c) Authorization. All vessel operators 

who desire to enter the safety zone must 

obtain permission from the Captain of 

the Port or Designated Representative by 

contacting the on-scene patrol craft. 

Vessel operators granted permission to 

enter the zone will be escorted by the 

on-scene patrol craft until they are 

outside of the safety zone. 

(d) Enforcement Period. This rule is 

effective from 9 a.m. to 7 p.m. on 

October 1 through October 3, 2010, 

unless canceled sooner by the Captain 

of the Port, Puget Sound. 

Dated: September 2, 2010. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2010–23358 Filed 9–17–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2009–922; FRL–8839–7] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

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

Control Act (TSCA) for 25 chemical 

substances which were the subject of 

premanufacture notices (PMNs). One of 

these chemical substances is subject to 

a TSCA section 5(e) consent order 

issued by EPA. This action requires 

persons who intend to manufacture, 

import, or process any of these 25 

chemical substances for an activity that 

is designated as a significant new use by 

this rule to notify EPA at least 90 days 

before commencing that activity. The 

required notification will provide EPA 

with the opportunity to evaluate the 

intended use and, if necessary, to 

prohibit or limit that activity before it 

occurs. 

DATES: This rule is effective on 

November 19, 2010. For purposes of 

judicial review, this rule shall be 

promulgated at 1 p.m. (e.s.t.) on October 

4, 2010. 

Written adverse or critical comments, 

or notice of intent to submit adverse or 

critical comments, on one or more of 

these SNURs must be received on or 

before October 20, 2010 (see Unit VI. of 

the SUPPLEMENTARY INFORMATION). 

For additional information on related 

reporting requirement dates, see Units 

I.A., VI., and VII. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2009–922, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East, Rm. 

6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2009–922. The 

DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2009–922. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

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

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

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

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 


jdjones on DSK8KYBLC1PROD with RULES