59620 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 

amendments to 33 CFR parts 104, 105, 

and 160 introduced by the interim rule 

published at 70 FR 74669 on December 

16, 2005, as final with the following 

changes: 

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

■ 1. The authority citation for part 160 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. Subpart C is 

also issued under the authority of 33 U.S.C. 

1225 and 46 U.S.C. 3715. 

■ 2. In § 160.204, revise paragraphs (7) 

through (9) of the definition for ‘‘Certain 

dangerous cargo (CDC)’’ and the entire 

definition of ‘‘Certain dangerous cargo 

residue (CDC residue)’’ to read as 

follows: 

§ 160.204 Definitions. 

* * * * * 

Certain dangerous cargo (CDC) * * * 

* * * * * 

(7) All bulk liquefied gas cargo carried 

under 46 CFR 151.50–31 or listed in 46 

CFR 154.7 that is flammable and/or 

toxic and that is not carried as certain 

dangerous cargo residue (CDC residue). 

(8) The following bulk liquids except 

when carried as CDC residue: 

(i) Acetone cyanohydrin; 

(ii) Allyl alcohol; 

(iii) Chlorosulfonic acid; 

(iv) Crotonaldehyde; 

(v) Ethylene chlorohydrin; 

(vi) Ethylene dibromide; 

(vii) Methacrylonitrile; 

(viii) Oleum (fuming sulfuric acid); 

and 

(ix) Propylene oxide, alone or mixed 

with ethylene oxide. 

(9) The following bulk solids: 

(i) Ammonium nitrate listed as a 

Division 5.1 (oxidizing) material in 49 

CFR 172.101 except when carried as 

CDC residue; and 

(ii) Ammonium nitrate based fertilizer 

listed as a Division 5.1 (oxidizing) 

material in 49 CFR 172.101 except when 

carried as CDC residue. 

Certain dangerous cargo residue (CDC 

residue) includes any of the following: 

(1) Ammonium nitrate in bulk or 

ammonium nitrate based fertilizer in 

bulk remaining after all saleable cargo is 

discharged, not exceeding 1,000 pounds 

in total and not individually 

accumulated in quantities exceeding 

two cubic feet. 

(2) For bulk liquids and liquefied 

gases, the cargo that remains onboard in 

a cargo system after discharge that is not 

accessible through normal transfer 

procedures, with the exception of the 

following bulk liquefied gas cargoes 

carried under 46 CFR 151.50–31 or 

listed in 46 CFR 154.7: 

(i) Ammonia, anhydrous; 

(ii) Chlorine; 

(iii) Ethane; 

(iv) Ethylene oxide; 

(v) Methane (LNG); 

(vi) Methyl bromide; 

(vii) Sulfur dioxide; and 

(viii) Vinyl chloride. 

* * * * * 

Dated: September 20, 2010. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. 2010–24221 Filed 9–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0872] 

RIN 1625–AA00 

Natchez Fireworks Safety Zone; Lower 

Mississippi River, Mile Marker 365.5 to 

Mile Marker 363, Natchez, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Lower Mississippi 

River from mile marker 365.5 to 363 

extending the entire width of the river. 

This safety zone is needed to protect 

persons and vessels from the potential 

safety hazards associated with a 

fireworks display. Entry into this zone 

is prohibited to all vessels, mariners, 

and persons unless specifically 

authorized by the Captain of the Port 

(COTP) Lower Mississippi River or a 

designated representative. The COTP 

Lower Mississippi River or a designated 

representative must authorize vessels 

that desire to operate in this zone. 

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

through 8:30 p.m. on September 28, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0872 and are available online by going 

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

USCG–2010–0872 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 Lieutenant Junior 

Grade Jason Erickson, Coast Guard; 

telephone 901–521–4753, e-mail 

Jason.A.Erickson@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 

immediate action is needed to protect 

the participants in the fireworks 

display, spectators, and mariners from 

the safety hazards associated with a 

fireworks display taking place on a 

confined waterway. 

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. This is because immediate 

action is needed to protect the 

participants in the fireworks display, 

spectators, and mariners from the safety 

hazards associated with a fireworks 

display taking place on a confined 

waterway. 

Basis and Purpose 

On September 13, 2010, the Coast 

Guard received an Application for 

Approval of Marine Event for a 

fireworks display on the Lower 

Mississippi River. This safety zone is 

needed to protect participants, 

spectators, and other mariners from the 

possible hazards associated with a 

fireworks show taking place on the 

Lower Mississippi River. The fallout 

zone extends into the navigable channel 

of the river. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone for all waters of 

the Lower Mississippi from mile marker 

365.5 to 363 extending the entire width 

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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 59621 

of the river. Entry into this zone is 

prohibited to all vessels, mariners, and 

persons unless specifically authorized 

by the COTP Lower Mississippi River or 

a designated representative. 

The COTP may be contacted by 

telephone at (901) 521–4822. The COTP 

Lower Mississippi River or a designated 

representative will inform the public 

through broadcast notice to mariners of 

changes in the effective period for the 

safety zone. This rule is effective from 

8 p.m. to 8:30 p.m., local time, on 

September 28, 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 will only be in effect for a 

short period of time and notifications to 

the marine community will be made 

through broadcast notice to mariners. 

The impacts on routine navigation are 

expected to be minimal. 

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 Lower 

Mississippi River between mile marker 

363 and mile marker 365.5, effective 

from 8 p.m. to 8:30 p.m., local time, on 

September 28, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because this rule will only be in effect 

for one hour on the day the event is 

occurring. In addition, the common 

vessel traffic in this area is limited 

almost entirely to recreational vessels 

and commercial towing vessels. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 

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59622 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 

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 is amending 

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. A new temporary § 165.T08–0872 is 

added to read as follows: 

§ 165.T08–0872 Natchez Fireworks Safety 

Zone; Lower Mississippi River, Mile Marker 

365.5 to Mile Marker 363, Natchez, MS 

(a) Location. The following area is a 

safety zone: those waters of the Lower 

Mississippi River, beginning at mile 

marker 363 and ending at mile marker 

365.5, extending the entire width of the 

river. 

(b) Effective dates. This section is 

effective from 8 p.m. through 8:30 p.m., 

local time, on September 28, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations of this part, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Lower 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 Lower Mississippi River or a 

designated representative. They may be 

contacted on VHF–FM channels 16 or 

by telephone at (901) 521–4822. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Lower Mississippi 

River and designated personnel. 

Designated personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Informational Broadcasts: The 

Captain of the Port, Lower Mississippi 

River will inform the public when safety 

zones have been established via 

Broadcast Notice to Mariners. 

Dated: September 16, 2010. 

Michael Gardiner, 

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

Port, Lower Mississippi River. 

[FR Doc. 2010–24237 Filed 9–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2010–0133; FRL–9207–1] 

RIN 2060–AQ35 

Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Canola Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On March 26, 2010, the 

Environmental Protection Agency 

published final changes to the 

Renewable Fuel Standard (RFS) 

program as required by the Energy 

Independence and Security Act (EISA) 

of 2007. In the preamble to the final 

rule, EPA indicated that it had not 

completed the lifecycle greenhouse gas 

(GHG) emissions impact analysis for 

several specific biofuel production 

pathways but that this work would be 

completed through a supplemental final 

rulemaking process. This supplemental 

final rule describes a final GHG analysis 

for canola oil biodiesel. It also finalizes 

our regulatory determination that canola 

oil biodiesel meets the biomass-based 

diesel and advanced biofuel GHG 

reduction thresholds of 50% as 

compared to the baseline petroleum fuel 

it will replace, petroleum diesel. This 

final rules will allow producers or 

importers of canola oil biodiesel fuel to 

generate biomass-based diesel 

Renewable Identification Numbers 

(RINs), providing that the fuel meets 

other definitional criteria for renewable 

fuel (e.g., produced from renewable 

biomass as defined in the RFS2 

regulations, and used to reduce or 

replace petroleum-based transportation 

fuel, heating oil or jet fuel). In addition, 

this rule includes a new regulatory 

provision establishing a temporary and 

limited means for producers or 

importers of canola oil biodiesel to 

generate RINs for qualifying biofuel 

produced or imported between July 1, 

2010, and the effective date of this rule. 

DATES: This final rule is effective on 

September 28, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0133. All 

documents in the docket are listed on 

the http://www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation Docket 

and Information Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Doris Wu, Office of Transportation and 

Air Quality, Transportation and Climate 

Division, Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: 

734–214–4923; fax number: 734–214– 

4958; e-mail address: wu.doris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

WReier-Aviles on DSKGBLS3C1PROD with RULES