67618 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

designate a viticultural area will be 

permitted to use those approved labels 

during a 2-year transition period. At the 

end of the 2-year period, holders of 

approved ‘‘Yamhill-Carlton District’’ 

wine labels must discontinue their use 

as their certificates of label approval 

will be revoked by operation of the final 

rule. (See 27 CFR 13.51 and 13.72(a)(2).) 

The new regulatory text includes a 

statement to this effect as a new 

paragraph (d) in § 9.183. We believe the 

2-year period will provide such label 

holders with adequate time to use up 

their supply of previously approved 

‘‘Yamhill-Carlton District’’ labels. 

TTB notes that label holders who 

continue to use labels showing the 

‘‘Yamhill-Carlton District’’ name during 

the transition period also may apply for 

certificates of label approval with the 

Yamhill-Carlton name, and use such 

labels, if approved. 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name is the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

This rule is not a significant 

regulatory action as defined by 

Executive Order 12866. Therefore, it 

requires no regulatory assessment. 

Drafting Information 

N.A. Sutton of the Regulations and 

Rulings Division drafted this notice. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

■ For the reasons discussed in the 

preamble, we amend title 27 CFR, 

chapter 1, part 9, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Section 9.183 is amended by 

revising the section heading, paragraph 

(a), and the introductory text of 

paragraphs (b) and (c), and by adding 

paragraph (d) to read as follows: 

§ 9.183 Yamhill-Carlton. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Yamhill-Carlton’’. For purposes of part 

4 of this chapter, ‘‘Yamhill-Carlton’’ is a 

term of viticultural significance. 

(b) Approved maps. The appropriate 

maps for determining the boundary of 

the Yamhill-Carlton viticultural area are 

eight 1:24,000 scale United States 

Geological Survey topography maps. 

They are titled: 

* * * * * 

(c) Boundary. The Yamhill-Carlton 

viticultural area is located in Yamhill 

and Washington Counties, Oregon, and 

is entirely within the Willamette Valley 

viticultural area. The Yamhill-Carlton 

viticultural area is limited to lands at or 

above 200 feet in elevation and at or 

below 1,000 feet in elevation within its 

boundary, which is described as 

follows— 

* * * * * 

(d) From February 7, 2005, until 

December 2, 2010, the name of this 

viticultural area was ‘‘Yamhill-Carlton 

District’’. Effective December 3, 2010, 

this viticulture area is named ‘‘YamhillCarlton’’. Existing certificates of label 

approval showing ‘‘Yamhill-Carlton 

District’’ as an appellation of origin are 

revoked by operation of this regulation 

on December 3, 2012. 

Signed: July 20, 2010. 

John J. Manfreda, 

Administrator. 

Approved: September 2, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2010–27739 Filed 11–2–10; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0902] 

RIN 1625–AA00 

Safety Zone: Richardson Ash 

Scattering by Fireworks, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of San Francisco 

Bay 1,500 feet off Yellow Bluff, 

Sausalito, CA during a fireworks display 

in support of the Richardson Ash 

Scattering. This safety zone is 

established to ensure the safety of 

participants and spectators from the 

dangers associated with the 

pyrotechnics. Unauthorized persons and 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission from 

the Captain of the Port or her designated 

representative. 

DATES: This rule is effective from 3:30 

p.m. through 7 p.m. on November 6, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0902 and are available online by going 

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

USCG–2010–0902 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 Ensign Liz Ellerson, 

U.S. Coast Guard Sector San Francisco; 

telephone 415–399–7436, e-mail D11- 

PF-MarineEvents@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, as it would be 

impracticable because the event would 

occur before the rulemaking process 

would be completed. Because of the 

dangers posed by the pyrotechnics used 

in this fireworks display, the safety zone 

is necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67619 

event area. For the safety concerns 

noted, it is in the public interest to have 

these regulations in effect during the 

event. 

Basis and Purpose 

The Richardson Ash Scattering by 

Fireworks is scheduled to take place on 

November 6, 2010, on the navigable 

waters of San Francisco Bay, 1500 feet 

off Yellow Bluff, Sausalito, CA. The 

fireworks display is meant for 

entertainment purposes. This safety 

zone is issued to establish a temporary 

restricted area on the waters 

surrounding the fireworks launch site 

during loading of the pyrotechnics, and 

during the fireworks display. This 

restricted area around the launch site is 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with the pyrotechnics on the 

fireworks barges. The Coast Guard has 

granted the event sponsor a marine 

event permit for the fireworks display. 

Discussion of Rule 

During the set up of the fireworks and 

until the start of the fireworks display, 

the temporary safety zone applies to the 

navigable waters around the fireworks 

loading site within a radius of 100 feet. 

The loading of the pyrotechnics onto the 

boat is scheduled to commence at 4 p.m. 

on November 6, 2010 and last 

approximately thirty minutes at the 

Sausalito Ferry docks in Sausalito, CA. 

From 6:15 p.m. until 7 p.m., the area to 

which the temporary safety zone applies 

will increase in size to encompass the 

navigable waters around the fireworks 

site within a radius of 400 feet. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the fireworks site while the 

fireworks are set up, and until the 

conclusion of the scheduled display. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels away from the immediate 

vicinity of the fireworks barge to ensure 

the safety of participants, spectators, 

and transiting vessels. 

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 and 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zone, the effect of this rule will not be 

significant because the local waterway 

users will be notified via public 

Broadcast Notice to Mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 

affected are pleasure craft engaged in 

recreational activities. 

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 may affect owners and 

operators of pleasure craft engaged in 

recreational activities and sightseeing. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) Vessel traffic can pass safely 

around the area, (ii) vessels engaged in 

recreational activities and sightseeing 

have ample space outside of the effected 

portion of the areas off Sausalito, CA to 

engage in these activities, (iii) this rule 

will encompass only a small portion of 

the waterway for a limited period of 

time, and (iv) the maritime public will 

be advised in advance of this safety 

zone via Broadcast Notice to Mariners. 

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. 


emcdonald on DSK2BSOYB1PROD with RULES
67620 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

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 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, and 

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; 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.T11–368 to read as 

follows: 

§ 165.T11–368 Safety zone; Richardson 

Ash Scattering by Fireworks, San 

Francisco, CA 

(a) Location. This temporary safety 

zone is established for the waters of San 

Francisco Bay 1500 feet off Yellow 

Bluff, Sausalito, CA. The fireworks 

launch site will be located in position 

37°50′9′′ N, 122°27′59′′ W (NAD 83). 

From 3:30 p.m. to 6:15 p.m. on 

November 6, 2010, the temporary safety 

zone applies to the navigable waters 

around the fireworks site within a 

radius of 100 feet. From 6:15 p.m. until 

7 p.m. on November 6, 2010, the area to 

which the temporary safety zone applies 

will increase in size to encompass the 

navigable waters around the fireworks 

site within a radius of 400 feet. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the Captain of the Port San 

Francisco (COTP) in the enforcement of 

the safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23 of this title, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–16 or through the 24-hour 

Command Center at telephone 415–399– 

3547. 

(d) Effective period. This section is 

effective from 3:30 p.m. through 7 p.m. 

on November 6, 2010. 

Dated: October 22, 2010. 

C.L. Stowe, 

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

Port San Francisco. 

[FR Doc. 2010–27703 Filed 11–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0721] 

RIN 1625–AA87 

Temporary Security Zones; San 

Francisco Bay, Delta Ports, Monterey 

Bay and Humboldt Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary security zones 

on the navigable waters of San 

Francisco Bay, Delta Ports, Monterey 

Bay and Humboldt Bay, CA, in support 

of increasing the size of security zones 

currently provided by 33 CFR 165.1183 

from 100 yards to 500 yards. These 

temporary security zones are necessary 

to effectively protect cruise ships, high 

interest vessels (HIVs), or tankers, as 

defined under 33 CFR 165.1183. Persons 

and vessels are prohibited from entering 

into, transiting through, or anchoring 

within the temporary security zones 

unless authorized by the Captain of the 

Port or her designated representative. 

DATES: This rule is effective in the CFR 

from November 3, 2010 through April 

15, 2011. This rule is effective with 

actual notice for purposes of 

enforcement from October 5, 2010, 

through April 15, 2011. 


emcdonald on DSK2BSOYB1PROD with RULES