Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 22691 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: May 1, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–11305 Filed 5–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0123] 

RIN 1625–AA00 

Safety Zone; Big Bay Fourth of July 

Fireworks; San Diego Bay, San Diego, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San Diego 

Bay in support of the Big Bay July 

Fourth Show to benefit the San Diego 

Armed Services YMCA. This temporary 

safety zone is necessary to provide for 

the safety of the crew, spectators, and 

other users and vessels of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this temporary safety 

zone unless authorized by the Captain 

of the Port or his designated 

representative. 

DATES: This rule is effective from 8:45 

p.m. to 9:30 p.m. on July 4, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0123 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0123 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@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 

On April 6, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Big Bay Fourth of 

July Fireworks; San Diego Bay, San 

Diego, CA in the Federal Register (74 

FR 15404). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

The San Diego Armed Services YMCA 

is sponsoring the Big Bay July Fourth 

Fireworks Show, which will include a 

fireworks presentation originating from 

four separate fireworks barges. The 

safety zone will encompass all navigable 

waters within 1200 feet of each barge. 

The approximate locations include: 

Shelter Island Barge: 32°42.83′ N, 

117°13.20′ W. 

Harbor Island Barge: 32°43.33′ N, 

117°12.00′ W. 

Embarcadero Barge: 32°43.00′ N, 

117°10.80′ W. 

Seaport Village Barge: 32°42.23′ N, 

117°10.05′ W. 

This temporary safety zone is 

necessary to provide for the safety of the 

crew, spectators, and other users and 

vessels of the waterway. 

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 established safety 

zone during the specified times unless 

authorized to do so by the Captain of the 

Port or his designated representative. 

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 

a portion of the San Diego Bay from 8:45 

p.m. to 9:30 p.m. on July 4, 2009. 

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 only 45 minutes late in the 

evening when vessel traffic is low. 

Vessel traffic can pass safely around the 

zone. Before the effective period, the 

Coast Guard will publish a Local Notice 

to Mariners (LNM) and 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 


jlentini on PROD1PC65 with RULES
22692 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

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 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 effect 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 0023–01 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 which 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; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary zone 

§ 165.T11–160 to read as follows: 

§ 165.T11–160 Safety Zone; Big Bay 

Fourth of July Fireworks; San Diego Bay, 

San Diego, CA. 

(a) Location. The limits of the safety 

zone are all navigable waters within 

1200 feet of four fireworks barges. The 

approximate locations are: 

Shelter Island Barge: 32°42.83′ N, 

117°13.20′ W. 

Harbor Island Barge: 32°43.33′ N, 

117°12.00′ W. 

Embarcadero Barge: 32°43.00′ N, 

117°10.80′ W. 

Seaport Village Barge: 32°42.23′ N, 

117°10.05′ W. 

(b) Enforcement Period. This section 

will be enforced from 8:45 p.m. to 9:30 

p.m. on July 4, 2009. 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. 

(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 

his designated on-scene 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 

Coast Guard Captain of the Port or the 

designated representative. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 22693 

1 John Walke, Natural Resources Defense Council, 

EPA–HQ–OAR–2003–0064–0116.1. 

(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: May 1, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–11306 Filed 5–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–8904–5] 

RIN 2060–AP49 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action on 

a rule that amends and delays the 

effective date for the rule addressing 

‘‘aggregation’’ under the Prevention of 

Significant Deterioration (PSD) and the 

nonattainment New Source Review 

(nonattainment NSR) programs 

(collectively, ‘‘NSR’’). The ‘‘NSR 

Aggregation Amendments’’ were 

published in the Federal Register on 

January 15, 2009, and described when a 

source must combine nominallyseparate physical changes and changes 

in the method of operation for the 

purpose of determining whether they 

are a single change resulting in a 

significant emissions increase. 

On January 30, 2009, the Natural 

Resources Defense Council (NRDC) 

submitted a petition for reconsideration 

(the ‘‘NRDC Petition’’) of the NSR 

Aggregation Amendments. In response 

to the NRDC Petition, EPA announced 

on February 13, 2009, that it would 

convene a reconsideration proceeding 

for the NSR Aggregation Amendments 

and would delay the effective date of 

the rule from February 17, 2009 until 

May 18, 2009. On March 18, 2009, EPA 

proposed an additional delay of the 

effective date and solicited comment on 

the duration of the additional delay. 

By this rule, EPA is delaying the 

effective date of the NSR Aggregation 

Amendments for an additional 12 

months, which will allow for sufficient 

time to conduct the reconsideration 

proceeding. The new effective date of 

the rule is May 18, 2010. 

DATES: The effective date of FR Doc. E9– 

815, published in the Federal Register 

on January 15, 2009 (74 FR 2376), and 

delayed on February 13, 2009 (74 FR 

7284), is further delayed to May 18, 

2010. 

ADDRESSES: Docket: The final rule, the 

petition for reconsideration, comments 

on the March 18, 2009 proposal, and all 

other documents in the record for the 

NSR Aggregation rulemaking are in 

Docket ID. No. EPA–HQ–OAR–2003– 

0064. All documents in the docket are 

listed in the www.regulations.gov index. 

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 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone (919) 541–2380, fax number 

(919) 541–5509, e-mail address: 

svendsgaard.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include sources in all industry 

groups and state, local, and tribal 

governments. 

B. How is this preamble organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. How is this preamble organized? 

II. Background 

III. Summary of Public Comments Received 

IV. Additional Twelve Month Delay of 

Effectiveness 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Analysis 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12899: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

L. Judicial Review 

VI. Statutory Authority 

II. Background 

On January 15, 2009, the EPA (we) 

issued a final rule amending our PSD 

and nonattainment NSR regulations 

implementing the definition of 

‘‘modification’’ in the Clean Air Act 

(CAA) 111(a)(4). The amendments 

addressed when a source must combine 

(aggregate) nominally-separate physical 

changes and changes in the method of 

operation (known as ‘‘activities’’) for the 

purpose of determining whether they 

are a single change resulting in a 

significant emission increase. The 

amendments retained the rule language 

for aggregation but interpreted that rule 

text to mean that sources and permitting 

authorities should combine emissions 

when activities are ‘‘substantially 

related.’’ The rule also adopted a 

rebuttable presumption that activities at 

a plant can be presumed not to be 

substantially related if they occur three 

or more years apart. Collectively, this 

rulemaking is known as the ‘‘NSR 

Aggregation Amendments.’’ For further 

information on the NSR Aggregation 

Amendments, please see 74 FR 2376 

(January 15, 2009). 

On January 30, 2009, NRDC submitted 

a petition for reconsideration of the NSR 

Aggregation Amendments as provided 

for in CAA 307(d)(7)(B).1 Under that 

CAA provision, the Administrator may 

commence a reconsideration proceeding 

if the petitioner raises an objection to a 

rule that was impracticable to raise 

during the comment period or if the 

grounds for the objection arose after the 

comment period. In either case, the 

objection must be of central relevance to 

the outcome of the rule. The 

Administrator may stay the 

effectiveness of the rule for up to three 

months during such reconsideration. 

On February 13, 2009, we issued 

notices announcing the convening of a 


jlentini on PROD1PC65 with RULES